Appeal No. 96-0506
Application 07/856,001
what references are being relied on is considered a vital part of the rejection. The examiner's listing
of Cerracchio, Patel, Golden, and Pughe as "secondary" references without making them part of the
rejection is an attempt to bring the references in through the "backdoor," seemingly to avoid having
to label the rejection as a new ground of rejection. Because neither Okamoto nor Chapman disclose
padding, the rejection of claims 1-6 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JERRY SMITH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
)
LEE E. BARRETT )
Administrative Patent Judge )
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Last modified: November 3, 2007