Appeal No. 97-2939 Page 8
Application No. 08/431,798
We also note that the examiner appears to rely, to some
extent, on a U.S. Patent reference to Cordes. However, the
statement of the rejection does not include Cordes and we will
not consider this reference. Where a reference is relied on to
support a rejection, whether or not in a minor capacity, there
would appear to be no excuse for not positively including the
reference in the statement of the rejection. In re Hoch, 428
F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
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