Appeal No. 94-3564
Application 07/890,314
Likewise, in responding to appellants’ arguments on appeal, the
examiner specifically refers to portions of U.S. Patent No.
5,047,230 by column and line. See the Examiner’s Answer, page 4,
last paragraph.
The only reasonable interpretation which these facts permit
is that the third reference is U.S. Patent No. 5,047,230 issued
September 10, 1991, to Nagy et al. That patent is based on
Application Serial No. 376,678, filed July 7, 1989, and therefore
constitutes legally available prior art under 35 USC
§ 103 via 35 USC § 102(e). In our review of this appeal, we have
not considered the text of German Offenlegungsschrift DE 3922650
because the administrative record does not contain an English
translation thereof. Our review is based entirely on a
consideration of U.S. Patent No. 5,047,230, hereinafter referred
to by the name of its lead inventor, Nagy.
THE ISSUE
The issue presented for review is whether the examiner erred
in rejecting claims 16 through 24 under 35 USC § 103 as
unpatentable over the combined disclosures of Aouda, Silson, and
Nagy.
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