Appeal No. 96-3174
Application 07/970,608
appealed subject matter and copies thereof, as they appear in
Appendix A of the appeal brief , are appended to this opinion.3
The single reference of record relied upon by the
examiner in support of rejections under 35 U.S.C. § 102(b) and
35 U.S.C.
§ 103 is:
Maus et al. (Maus) 4,828,769 May 9,
1989
The following rejections are before us for review:
3The present application contains no less than three
appeal briefs. A first brief (Paper No. 19) was submitted on
March 22, 1995 and was found to be in non-compliance with 37
CFR § 1.192(c) for various reasons. See the notification of
non-compliance mailed April 28, 1995 (Paper No. 20). A second
brief (Paper No. 21), entitled “New Complete Appeal Brief,”
was submitted on May 31, 1995 and was also found to be in non-
compliance with 37 CFR
§ 1.192(c). See the notification of non-compliance mailed
November 3, 1995 (Paper No. 22). There followed a third brief
(Paper No. 25), entitled “Second New Complete Appeal Brief,”
submitted on or about December 5, 1995. Subsequently, the
second notification of non-compliance was found to be in
error. See page 1 of the answer mailed January 22, 1996
(Paper No. 24). Accordingly, like the examiner, we will
consider the second brief (Paper No. 21) as a properly filed
appeal brief. Any reference to “the brief” in this decision
should be understood as referring to the second brief (Paper
No. 21), i.e., the “New Complete Appeal Brief.”
3
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