Appeal No. 94-3812
Application 07/857,701
required, inter alia, "a new complete brief", including an
appendix with the correct copy of the claims on appeal (Paper
Number 28). On page 2 of Paper Number 28, the examiner
maintained the rejections of the claims 1, 4, 5, 8, 9, 11, 14,
16, 30 and 34 under 35 U.S.C. § 103 for reasons expressed in
Paper Numbers 23 and 26. Appellant was given one month from3
the date of Paper Number 28 to file a new brief "that fully
complies with 37 C.F.R. § 1.192(c)." Appellant timely filed a
"new complete brief" on December 2, 1996 (November 30, 1996,
was a Saturday, Paper Number 29). The appellant's brief was
acknowledged in a paper captioned "THIRD SUPPLEMENTAL
EXAMINER'S ANSWER" and filed on January 24, 1997 (Paper Number
30).
THE REFERENCES
The references of record which are being relied on by the
examiner as evidence of obviousness are:
Dessauer 4,311,783 Jan. 19,
1982
Aoyama et al. (Aoyama) 4,384,011 May 17,
1983
The examiner's reference to the Supplemental Examiner's3
Answer mailed April 2, 1994, is an obvious error. Said
Supplemental Examiner's Answer was mailed on April 21, 1994.
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