Appeal No. 95-2218
Application 07/902,073
Bemis Co., Inc., 193 USPQ 8, 11." (Paper 15 at 6.) In St. Regis
Paper, the Court of Appeals for the Seventh Circuit held that
redundancy of layers to confer strength was obvious in the paper
bag art. 549 F.2d 833, 838-39, 193 USPQ 8, 11 (7th Cir. 1977).
In the present case, the comparators are not redundant since each
has distinct inputs. The examiner's rationale for the rejection
does not comport with the language of the claim so we reverse
this rejection.
12. Claim 14 depends from, and thus incorporates the
limitations of, claim 13. Consequently, we reverse the rejection
of claim 14 as well.
DECISION
We affirm the rejection of claims 12 and 15-17 under
section 103 in view of Pederson and Fischler, albeit under a
significantly different rationale. Hence, the affirmance is a
new ground of rejection pursuant to Rule 1.196(b).
We reverse the rejection of claims 13 and 14 under
section 103 in view of Pederson and Fischler.
Any request for reconsideration or modification of this
decision by the Board of Patent Appeals and Interferences based
upon the same record must be filed within one month from the date
of this decision. 37 CFR § 1.197.
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