Appeal No. 96-2179 Page 2
Application 07/613,466
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
We have considered the record in light of the arguments
of Appellants and the examiner. Our decision presumes
familiarity with the entire record. A preponderance of the
evidence of record supports each of the following fact
findings.
A. The nature of the case
1. This is an appeal under 35 U.S.C. § 134 from the
final rejection of claims 1-61. We affirm in part.
2. The application on appeal was filed on 7 November
1990 as a continuation of application number 07/173,573, filed
25 March 1988, now abandoned. (Paper "A" at 1.) Originally,
there was a question about whether the present application was
a proper continuation of the '573 application. Papers in the
present application have been sequentially numbered from
Paper 2, although the application has otherwise been treated
as a file-wrapper continuation. As a consequence, there are
two different documents in the file numbered Paper 2 through
Paper 16. Unless otherwise indicated, we are referring to the
numbered paper for the pending application. The examiner
should correct the paper numbering during any subsequent
prosecution.
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