Ex parte PUGH - Page 8




          Appeal No. 2000-1746                                                        
          Application 08/791,098                                                      


          time of appellant’s invention, we must refuse to sustain the                
          examiner’s rejection of that claim under 35 U.S.C. § 103. It                
          follows that the examiner's rejection of dependent claims 2                 
          through 6, 13 and 14 under 35 U.S.C. § 103(a) based on                      
          Krumholz and Baldwin will also not be sustained.                            


          We have also reviewed the British reference to Lang                         
          applied along with Krumholz and Baldwin against dependent                   
          claims 7 through 12 on appeal under 35 U.S.C. § 103(a).                     
          However, we find nothing in Lang which overcomes the                        
          deficiencies in the basic combination of Krumholz and Baldwin               
          noted above or otherwise renders obvious the device set forth               
          in claim 1 on appeal or in claims 7 through 12 which depend                 
          therefrom. Thus, the examiner’s rejection of dependent claims               
          7 through 12 under 35 U.S.C.       § 103(a) will likewise not               
          be sustained.                                                               









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