Appeal No. 95-4890
Application 08/035,002
decision rejecting claim 11 under 35 USC § 103 based on the
combined disclosures of Yanagibashi and Nichols.
CONCLUSION
For the reasons set forth in the body of this opinion, we
affirm the rejection of claims 2 through 9 and 12 under 35 USC
§ 103 as unpatentable over the combined disclosures of
Yanagibashi and Nichols. We vacate the rejection of claim 11
on the same grounds. On return of this application to the
examining corps, the examiner should reevaluate the
patentability of claim 11 using appropriate legal standards.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
VACATED-IN-PART
11
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