Appeal No. 97-3717 Page 18
Application No. 08/397,163
In any further proceedings on the merits of the appealed
subject matter, the examiner should determine on the record
whether or not Newcomb, newly cited by this panel of the
Board, combined with any of the other prior art would render
any claim obvious under 35 U.S.C. § 103.
CONCLUSION
To summarize, the decision of the examiner to reject
claim 9 under 35 U.S.C. § 102(b) is reversed and the decision
of the examiner to reject claims 9, 10 and 12 through 16 under
35 U.S.C. § 103 is affirmed.
Since at least one rejection of each of the appealed
claims has been affirmed, the decision of the examiner is
affirmed.
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Last modified: November 3, 2007