Appeal No. 95-5030
Application 07/815,694
being anticipated by Sakon.
The obviousness rejection of claims 1-30
We do not sustain the rejection of claims 1-30 under
35 U.S.C. § 103 as being unpatentable over Fava and Miro. The
appellants' appeal brief raises many issues concerning the
rejection of claims 1-30 as being unpatentable over Fava and
Miro. The examiner's answer enters a new ground of rejection of
claims 1-30 under 35 U.S.C. § 102(b) as being anticipated by
Sakon, and states at 7:
Applicant's arguments with respect to
claims 1-30 have been considered but are
deemed to be moot in view of the new grounds
of rejection.
We disagree with the examiner's above-stated position. The
fact that a new ground of rejection has been entered for the same
claims does not render moot the appellants' arguments directed to
the original ground of rejection. The original ground of
rejection has not been withdrawn. If the examiner had intended
to withdraw the obviousness ground of rejection, it has not been
done in a sufficiently clear manner. We do not assume that the
rejection has been withdrawn.
The appellants make several arguments with regard to the
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