Appeal No. 95-2665
Application 07/999,609
The file record indicates that after the examiner’s
initial reliance upon Ma, which has a filing date of June 8,
1992, appellant filed an affidavit under 37 CFR § 1.131. The
Advisory Action issued on May 6, 1994, explains the examiner’s
non-acceptance of the evidence provided by this affidavit and
in turn relies upon the effective filing date of September 20,
1990 as the basis for the rejection. Since there have been no
subsequent submissions to correct any and all deficiencies
with respect to the § 131 affidavit and/or any additional
challenges by appellant as to the findings of the examiner in
this Advisory Action in the brief or reply brief, we consider
this a settled issue.
Rather than repeat the positions of the appellant and the
examiner, reference is made to the briefs and the answer for the
respect details thereof.
OPINION
We reverse all rejections under 35 U.S.C. § 103.
The examiner’s statement of the rejection is essentially set
forth in its basic form at pages 3 through 6 of the answer and
amplified at pages 8-10 thereof, both of which assert the
combinability of the teachings and suggestions of Guterman,
Hasunuma, Komori and Ma. The examiner’s approach is to utilize
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