Appeal No. 2000-2025
Application 08/953,878
The prior art applied in the final rejection1 is:
Harris 1,432,243 Oct. 17, 1922
Heth 2,811,819 Nov. 5,
1957
Hyman 3,982,385 Sept. 28, 1976
Fischer et al. (Fischer) 4,233,804 Nov. 18,
1980
Crigger 4,797,022 Jan. 10, 1989
Appellant’s admitted prior art (AAPA), consisting of the
disclosure at page 1, lines 5 to 20 of the specification2 and
the preamble of claim 1, which is in Jepson form, i.e., as
provided in 37 CFR 1.75(e).3
The appealed claims stand finally rejected under 35
U.S.C. 103(a) on the following grounds:
(1) Claims 1 to 3 and 5, unpatentable over the AAPA in view of
Harris and Crigger;
(2) Claims 1 to 3 and 5, unpatentable over the AAPA in view of
Official Notice;
(3) Claim 6, unpatentable over the AAPA in view of either
Harris and Crigger, or in view of Official Notice, further in
1 Any references herein to the final rejection are to the
second final rejection, dated Aug. 31, 1999 (Paper No. 8).
2 The Heth patent is cited at line 14.
3 See In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 535-36
(CCPA 1982)(implied admission that preamble of Jepson claim
describes prior art).
2
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007