Appeal No. 96-1706 Application 08/203,461 g) based on said counts of signal pulses in said first and second counters and the sensor indicated tape condition, the micro controller determining the timing of control signals of controlling the motor in correspondence to the length of printing on the tape. The examiner relies on the following references: Hubbard 3,869,986 Mar. 11, 1975 Schwartz 4,168,533 Sep. 18, 1979 Storace et al. (Storace) 4,831,554 May 16, 1989 Claims 1 through 3, 5, 6, 8 and 9 stand rejected under 35 U.S.C. 103 as unpatentable over known postage meters in view of Schwartz "and a substitution of equivalent devices" [answer, page 3]. Reference is made to the brief and answer for the respective positions of appellants and the examiner. OPINION We reverse. At the outset, we note that the examiner's reliance on references (Hubbard and Storace), to whatever extent relied on, wherein the references form no part of the statement of rejection, is clearly improper. In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970). Accordingly, we place no reliance on the Hubbard and Storace references. -3-Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007