Appeal No. 1997-2036
Application No. 08/335,991
Blanks 4,751,594 Jun. 14, 1988
Dion 5,307,222 Apr. 26,
1994
Brown et al. (Brown) 5,447,695 Sep. 05, 1995
Claim 4 stands rejected under 35 U.S.C. § 102 as being
anticipated by Brown.
Claims 1 through 3 stand rejected under 35 U.S.C. § 103
as being unpatentable over Brown in view of Blanks, and
further in view of Dion with respect to claim 3.
Reference is made to the Final Rejection (Paper No. 9),
mailed March 25, 1996) and the Examiner's Answer (Paper No.
16, mailed November 25, 1996) for the examiner's complete
reasoning in support of the rejections, and to appellant's
Brief (Paper No. 15, filed August 26, 1996) for appellant's
arguments thereagainst.
OPINION
As a preliminary matter we note that appellant indicates
on page 7 of the Brief that the claims are not to stand or
fall together. Appellant states that claims 1 through 3
should be considered as one group and claim 4 as a second
Therefore, we have not considered them.
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