Appeal No. 96-3968 Application No. 08/117,669 Claims 3, 10, 11, 13, 14 and 21 stand rejected under 35 U.S.C. § 103 as being unpatentable over Nakamura in view of Hageman. Claim 12 stands rejected under 35 U.S.C. § 103 as being unpatentable over Nakamura in view of Hageman and Jones.2 Claims 1, 2, 9 and 22 through 26 stand rejected under 35 U.S.C. § 103 as being unpatentable over Gergely in view of Hageman. Rather than reiterate the conflicting viewpoints advanced by the examiner and the appellant regarding the §§ 102 (b) and 103 rejections, we make reference to the examiner's answer for the examiner's complete reasoning in support of the rejections, and to the appellant's brief (Paper No. 13, filed April 6, 1995) for the appellant's arguments thereagainst. 2We note that the final rejection (Paper No. 7, mailed August 22, 1994) set forth this ground of rejection against claim 12. However, the examiner's answer (Paper No. 14, mailed June 26, 1995) did not contain this ground of rejection. Nevertheless, since the examiner's answer did not withdraw this ground of rejection, we consider this rejection of claim 12 before us in this appeal. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007