Appeal No. 1997-3073
Application No. 07/953,680
Claims 2 through 9, 11 through 19, 25, 28 through 33, 38
through 40, 42 and 44 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Anderson.
Claims 1, 10, 20 through 24, 26, 27, 34 through 37, 41
and 43 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Anderson in view of Brown.
Claims 2 through 9, 11 through 19, 25, 28 through 33, 38
through 40, 42 and 44 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Anderson in view of Brown.
Claims 1, 2, 5, 6, 9 through 21, 23, 24, 26, 27, 29
through 37 and 41 through 43 stand rejected under the doctrine
of res judicata based upon the earlier adverse decision of the
Board.
Reference is made to the briefs and the answer for the
respective positions of the appellants and the examiner.
OPINION
For all of the reasons expressed by the appellants in the
briefs, and for the additional reasons presented infra, all of
the rejections are reversed.
The rejections under the first and second paragraphs of
35 U.S.C. § 112 are reversed because we agree with the
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