Appeal No. 95-1292
Application 07/911,471
B. The rejections
E The examiner relied on the following prior art references in
rejecting the claims (Paper 11 at 2-7):2
Griffith 4,805,210 14 Feb. 1989
Ueno 5,061,992 29 Oct. 1991
(filed 23 Jan. 1990)
Krisbergh et al. 5,138,649 11 Aug. 1992
(filed 16 Nov. 1990)
Takabayashi (JP) 3-294563 published 7 Feb. 1991
F The examiner rejected all of the claims on appeal under
35 U.S.C. § 103. He rejected claims 1, 2, 4, 6-9, 11,
2 The examiner also cited, but did not apply, the
following references (Paper 16 at 3):
Doughty 4,582,956 15 Apr. 1986
Dittakavi et al. 4,852,151 25 July 1989
Goldman et al. 4,995,074 19 Feb. 1991
Callele et al. 5,117,452 26 May 1992
We do not consider these additional references to be part of the
examiner's rejection of the claims. In re Hoch, 428 F.2d 1341,
1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970). We may, however,
consider such references to the extent that they explain rather
than expand the references on which the rejection is based. In
re Baxter Travenol Labs., 952 F.2d 388, 390, 21 USPQ2d 1281, 1284
(Fed. Cir. 1991). Applicants waived their opportunity to respond
to these additional references when they waived their hearing.
(Paper 20.)
3 Our understanding of this reference is based on a
translation in the record provided by the Patent and Trademark
Office.
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