Appeal No. 1998-2082
Application 08/521,626
matter.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Nagorcka 5,352,029 Oct. 4,
1994
(§ 102(e) date Jun. 10, 1992)
Muramatsu et al. (Muramatsu) 5,447,365
Sept. 5, 1995
(filed Jul. 12, 1993)
Claims 2, 4, 8, 9, 11, 14, 16 and 18-24 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Muramatsu in
view of Nagorcka.3
3In the final rejection, claims 2, 4, 18, 19, 21 and 22
were also rejected under 35 U.S.C. § 112, second paragraph.
The examiner stated in the advisory action (Paper No. 6) that
the amendment filed subsequent to the final rejection
overcomes the 35 U.S.C. § 112, second paragraph, rejection of
claims 2, 4, 18 and 19. With respect to claims 21 and 22,
since no mention of the 35 U.S.C. § 112, second paragraph,
rejection of these claims has been made by the examiner in the
answer, we presume that the examiner has also withdrawn the
final rejection thereof on this ground. Ex parte Emm, 118
USPQ 180, 181 (Bd. App. 1957).
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