Appeal No. 1998-2817
Application No. 08/455,366
The decision of the examiner to reject claims 1, 3
through 7, 9 through 13, 15 through 19, 21 through 26 and 28
through 36 under 35 U.S.C. § 112, first and second paragraphs,
is reversed. The decision of the examiner to reject claims 1,
3 through 7, 9 through 13, 15 through 19, 21 through 26 and 28
through 36 under 35 U.S.C. § 103 over Weil is reversed.
The decision of the examiner to reject claims 1, 3
through 7, 9 through 13, 15 through 19, 21 through 26 and 28
through 36 under 35 U.S.C. § 103 over Ales in view of Weil is
affirmed.
Additionally, this panel of the board has introduced new
grounds of rejection pursuant to 37 CFR § 1.196(b).
Since at least one rejection of each of the appealed
claims has been affirmed, the decision of the examiner is
affirmed.
In addition to affirming the examiner’s rejection of one
or more claims, this decision contains new grounds of
rejection pursuant to 37 CFR § 1.196(b) (amended effective
Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131,
53,197 (Oct. 10, 1997),
1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21,
28
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