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 ) ) ) LEE E. BARRETT ) Administrative Patent Judge ) - 5 -Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007