Ex parte KLOKKERS-BETHKE et al. - Page 4




          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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