Ex parte TSAI et al. - Page 3




                     Appeal No. 1996-2738                                                                                                                                              
                     Application 08/252,501                                                                                                                                            


                     Jarowenko                      3,331,833          Jul. 18,                                                                                                        
                     1967                                                                                                                                                              
                     Jarowenko          2                                             3,354,034          Nov. 21, 1967                                                                 
                                Claims 25 through 27 stand rejected under 35 U.S.C. §                                                                                                  
                     102(b) as anticipated by or, in the alternative, under 35                                                                                                         
                     U.S.C. § 103 as unpatentable over Hofreiter or Jarowenko (‘833                                                                                                    
                     or ‘034) (Answer, page 3).  Claims 32 through 38 stand                                                                                                            
                     rejected under 35 U.S.C. § 103 as unpatentable over Hofreiter                                                                                                     
                     (Supplemental Answer, page 1).  We affirm the rejections of                                                                                                       
                     claims 25 through 27 but reverse the rejection of claims 32                                                                                                       
                     through 38 for reasons which follow.                                                                                                                              
                      OPINION                                                                                                                                                          
                                A.  The Rejections under § 102(b)/ § 103                                                                                                               
                                In accordance with the provisions of 37 CFR                                                                                                            
                     §1.192(c)(7)(1995) and appellants’ statement on page 2 of the                                                                                                     
                     Brief, we select claim 25 from the grouping of claims for                                                                                                         
                     these rejections and decide this appeal, as to these claims,                                                                                                      
                     on the basis of claim 25 alone. The process of claim 25                                                                                                           


                                2U.S. Patent No. 3,354,034 is a division of U.S. Patent                                                                                                
                     No. 3,331,833.  Since these patents have an identical or                                                                                                          
                     substantially identical disclosure, this decision will only                                                                                                       
                     refer to and cite from Jarowenko, U.S. Patent No. 3,354,034.                                                                                                      
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