Ex parte MARKUS - Page 4




          Appeal No. 97-2626                                                          
          Application 08/234,502                                                      
          description of figures 8-15 and 18-20, it is uncertain how the              
          means for urging is “positioned with respect to any one of the              
          blocking/detection elements shown in figures 8-15 and 18-20 so              
          as to not interfere with the performance of the                             
          blocking/detection element(s).” (id. at 5).                                 


                              The prior art rejections                                
                    6.   Claims 49, 51, 57, 59, 61, and 62 have been                  
          rejected as being unpatentable under 35 U.S.C. § 103 over                   
          Narita ‘93, Japanese Kokai 61-206993 (1986).                                
                    7.   Claims 50, 52, 58, 60, and 63-65 have been                   
          rejected as being unpatentable under 35 U.S.C. § 103 over                   
          Narita ‘93 in view of Hasegawa, Japanese Kokai 61-187188                    
          (1986).                                                                     
                    8.   In the examiner’s answer, the following new                  
          rejections were made :2                                                       
                    a)  Claims 49, 51, 57, 59, 61, and 62 have been                   
          rejected as being unpatentable under 35 U.S.C. § 103 over                   
          Narita ‘93 in view of Narita ‘92, Japanese Kokai 61-206992                  


               2Claims 50 and 52 were also rejected under 35 U.S.C. 101 as claiming   
          the same invention, however the examiner withdrew the rejection in response to
          an amendment by the appellant.                                              
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