Appeal No. 1997-0498
Application No. 08/452,064
Appealed claims 7-9, 11 and 12 stand rejected under
35 U.S.C. § 112, first paragraph.2
Appealed claims 7-9, 11 and 12 also stand rejected under
35 U.S.C. § 103 as being unpatentable over Graham, Gounder,
Browning and Gaku in view of Japanese '794 and Gaku.3
For the reasons set forth in our opinion in the appeal of
the parent application, we will not sustain either of the
examiner's rejections. The issue presented in the examiner's
rejection under 35 U.S.C. § 112, first paragraph, is identical
to the one we considered in the parent application. As for
the § 103 rejection, although Browning and Gaku were not
applied in the § 103 rejection in the prior appeal, these
additional references fail to remedy the basic deficiencies of
the collective teachings of Graham, Gounder and Japanese '794
2In the Grounds of Rejection section of the Examiner's
Answer, the examiner does not state a rejection under § 112,
first paragraph. Only an objection to the specification under
§ 112, first paragraph, is mentioned. However, since
section (13) of the Answer refers to a rejection under § 112,
first paragraph, we will treat the examiner's objection as a
rejection of the appealed claims.
3Since the examiner's statement of the rejection lists
Gaku as both a primary and secondary reference, we will review
the propriety of the examiner's § 103 rejection over the
collective teachings of the cited references.
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