Appeal No. 2003-0229
Application No. 09/768,885
The examiner relies on the following prior art references
as evidence of unpatentability:
Bloomer 1,142,393 Jun. 8, 1915
Jones 2,599,059 Jun. 3, 1952
Pfenninger, Jr. 2,643,320 Jun. 23, 1953
(Pfenninger)
Kitamura 2000-10628A Apr. 11, 2000
(JP ’268)(published JP
application)
The claims on appeal stand rejected under 35 U.S.C.
§ 103(a) (2003) as follows:
A. claims 13, 14, and 16 through 22 as unpatentable over
Pfenninger in view of Bloomer (answer, page 3; final
Office action, page 2);
B. claims 15 and 23 as unpatentable over Pfenninger in
view of Bloomer and JP ’268 (answer, page 3; final
Office action, pages 2-3); and
C. claims 29 through 32 as unpatentable over Pfenninger
in view of Bloomer and Jones (answer, page 3; final
Office action, page 3).
We affirm rejections A and C but reverse rejection B.2
2 The appellants submit: “For the purposes of this appeal
only, the claims stand or fall with each other, issue by issue.”
(Appeal brief, p. 7.) We therefore confine our discussion of
issue A to representative claim 16 and issue C to representative
claim 31. 37 CFR § 1.192(c)(7)(2003)(effective Apr. 21, 1995).
3
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