Appeal No. 1997-3586
Application No. 08/240,811
The examiner relies upon the following references as
evidence of obviousness:
Jackson et al. (Jackson) 0,304,954 Mar. 1, 1989
(European patent application)
Senno et al. (Sumo) 1-172383 Jul. 7, 1989
(Japanese Kokai patent application)
The present application is a continuation of U.S.
Application No. 07/595,886, filed October 1, 1990. Appellants
took an appeal to this Board in the parent application, which
appeal included the present claims on appeal and the same
prior art now applied by the examiner. In a decision dated
March 11, 1994 (Appeal No. 93-2768), the Board affirmed the
examiner's rejection under 35 U.S.C. § 103. The present
record includes declaration evidence not part of the prior
appeal.
Appealed claims 9-13 stand rejected under 35 U.S.C. § 103
as being unpatentable over Sumo and Jackson.
Upon careful consideration of the opposing arguments
presented on appeal, we will not sustain the examiner's
rejection.
In the prior appeal the Board stated the following at
page 4 of the opinion:
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