Appeal No. 2002-1062 Page 8
Application No. 09/285,607
are more complex than that of the appellants’ invention as disclosed, we share the
examiner’s opinion that the combined teachings of the two references establish that
the invention as claimed would have been obvious to one of ordinary skill in the art. In
this regard, it also should be recognized that the claims are presented in “comprising”
format, and it is well settled that the use of the term "comprising" in a claim opens the
claim to inclusion of elements or steps other than those recited in the claim. In re
Hunter, 288 F.2d 930, 932, 129 USPQ 225, 226 (CCPA 1961).
SUMMARY
The rejection of claims 1, 3 and 4 is sustained.
The rejection of claim 2 is not sustained.
The decision of the examiner is affirmed-in-part.
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