Appeal No. 1999-2230
Application 08/465,236
The Issue
The issue presented for review is whether the examiner erred in rejecting claims 22
through 60 under 35 U.S.C. § 103 as unpatentable over the combined disclosures of
Sands, Erbel, and Mathiowitz.
Deliberations
Our deliberations in this matter have included evaluation and review of the following
materials:
(1) the instant specification, including Figures 1 through 5, and all of the claims on
appeal;
(2) applicants’ Appeal Brief (Paper No. 20) and Reply Brief (Paper No. 22);
(3) the Examiner’s Answer (Paper No. 21);
(4) the above-cited prior art references; and
(5) the Osborne Declaration, filed under the provisions of 37 CFR § 1.132,
executed June 4, 1998.
On consideration of the record, including the above-listed materials, we reverse the
examiner’s rejection under 35 U.S.C. § 103.
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