Appeal No. 93-2757
Application 07/908,856
The issue presented for review is whether the examiner
erred in rejecting claims 7 through 14 under 35 U.S.C.
§ 102(b) as anticipated by or, in the alternative, under
35 U.S.C. § 103 as unpatentable over GB 2 170 404 A.
DELIBERATIONS
Our deliberations in this matter have included evaluation
and review of the following materials: (1) the instant
specification, including all of the claims on appeal; (2)
appellants’ main Brief and Reply Brief before the Board; (3)
the Examiner’s Answer and the communication mailed by the
examiner March 28, 1996 (Paper No. 39); (4) GB 2 170 404 A;
(5) the Carle Declaration, filed under the provisions of
37 CFR § 1.132, executed May 20, 1992; and (6) the opinion and
decision entered by a different merits panel of this Board in
Serial No. 07/155,555 (Appeal No. 90-1845, dated August 28,
1991).
On consideration of the record, including the above-
listed materials, we affirm the examiner’s decision rejecting
claims 7 through 13. However, we reverse the examiner’s
decision rejecting claim 14.
CLAIMS 7 THROUGH 13
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