Appeal No. 97-0178
Application 08/355,326
The prior art references of record relied upon by the Examiner in rejecting the
appealed claims are:
Diekemper et al. (Diekemper) 4,694,148 Sep. 15, 1987
Fisun et al. (Fisun) 5,401,960 Mar. 28, 1995
(Filed Dec. 03, 1993)
Claims 1-3, 5, 7, 9-11, 13-15, 17-22, and 24-26 stand rejected under 35 U.S.C. §
103 as being unpatentable over Fisun in view of Diekemper.
Rather than reiterate the conflicting viewpoints advanced by the Examiner and the
appellant regarding the above-noted rejections, we make reference to the Examiner's
answer (Paper No. 10, mailed Aug. 7, 1996) for the Examiner's complete reasoning in
support of the rejections, and to the appellant's brief (Paper No. 8, filed May 14, 1996) and
reply brief (Paper No. 11, filed Sept. 24, 1996) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the Examiner. As a consequence of
our review, we make the determinations which follow.
Appellant has nominally indicated that the claims do not stand or fall together (brief,
page 4), but he has not specifically argued the limitations of each of the claims. To the
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