Ex parte CAMPO et al. - Page 3




                 Appeal No. 95-3998                                                                                                                     
                 Application 07/914,904                                                                                                                 


                 02, 1993                                                                                                                               
                 Main et al.  (Main)                                                     5,216,233                           Jun.                       
                 01, 1993                                                                                                                               
                 Kumar                                                          5,294,782                           Mar. 15,                            
                 1994                                                                                                                                   
                          Claims 1 through 20 stand rejected under 35 U.S.C. § 103                                                                      
                 as being unpatentable over Metlitsky, Tierney and Wakatsuki in                                                                         
                 view of Main or Kumar .               2                                                                                                
                          Rather than reiterate the arguments of Appellants and the                                                                     
                                                                                           3                     4                                      
                 Examiner, reference is made to the briefs  and answers  for the                                                                        

                          2On page 3 of the answer, the Examiner listed Huber, U.S.                                                                     
                 Pat. No. 4,420,682 and Chadima, U.S. Pat. No. 4,570,057.                                                                               
                 However, the Examiner rejected the claims in the Final Action                                                                          
                 based upon Metlitsky, Tierney and Wakatsuki in view of Main or                                                                         
                 Kumar.  The Examiner states on page 3 of the answer that no                                                                            
                 new art has been applied and on page 5 of the answer that the                                                                          
                 answer does not contain any new ground of rejection.  Thus,                                                                            
                 the record shows that claims 1 through 20 stand rejected under                                                                         
                 35 U.S.C. § 103 as being unpatentable over Metlitsky, Tierney                                                                          
                 and Wakatsuki in view of Main or Kumar as stated in the Final                                                                          
                 rejection.  Therefore, Huber and Chadima are not relied upon                                                                           
                 by the Examiner for the rejection of the claims.                                                                                       
                          3Appellants filed an appeal brief on January 12, 1995.  We                                                                    
                 will refer to this appeal brief as simply the brief.                                                                                   
                 Appellants filed a reply appeal brief on June 6, 1995.  We                                                                             
                 will refer to this reply appeal brief as the reply brief.  The                                                                         
                 Examiner responded to the reply brief with a supplemental                                                                              
                 Examiner's answer on August 1, 1996, thereby entering the                                                                              
                 reply brief into the record.                                                                                                           
                          4The Examiner responded to the brief with an Examiner's                                                                       
                 answer, mailed April 6, 1995.  We will refer to the Examiner's                                                                         
                                                                                                            (continued...)                              
                                                                           3                                                                            





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