Appeal No. 95-3097
Application 07/639,051
and indicated that these claims would be allowable when provided
in an independent form. Answer, pp. 2-3. Claims 1 through 4, 7,
8, 13 through 15, 17, 21 through 26, 38 through 39, 47 through 53
and 58 through 62 have been canceled.
Claims 5, 63, 65 and 66 are illustrative of the subject
matter on appeal and are attached as an appendix to this
decision.
The references relied on by the examiner are:
Edmonds et al. (Edmonds) 3,354,129 Nov. 21, 1967
Fischer et al. (Fischer) 4,649,080 Mar. 10, 1987
Rüsseler et al. (Rüsseler) 5,066,776 Nov. 19, 1991
(filed Aug. 13, 1990)
Claims 9, 10, 12, 18 through 20, 27, 28, 30, 32, 34 through
37, 40, 41, 43 through 46, 54 through 57, 63 through 66 and 69
stand rejected under 35 U.S.C. § 103 as being unpatentable over
Edmonds in view of Fisher. Claims 5 and 6 stand rejected under2
2Although included in the final office action, the examiner
inadvertently omitted claim 9 from the rejection in the Answer.
Answer, p. 4. The appellants have treated the rejection as if
claim 9 is included and we shall do the same. We also point out
that although the examiner indicated on p. 2 of the Answer that
the rejection of claim 16 was withdrawn, said claim was,
nevertheless, included in the rejection on p. 4 of the Answer.
Since claim 16 has the same limitation of “i is 2" as those
claims from which the rejection was withdrawn, we have considered
the rejection with respect to claim 16 to be withdrawn.
2
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