Appeal No. 97-0904
Application 08/105,699
The following prior art of record has been applied by the
examiner in a rejection based on 35 U.S.C. § 102.
Kennedy 3,685,002 Aug. 15, 1972
The examiner has rejected claims 45 and 46 under 35 U.S.C.
§ 102(b) as anticipated by Kennedy. According to the examiner,
Kennedy discloses the same invention as claimed, an electrical
component 22, projections 21, supporting means 27 (including 16),
apertured means 23 (including 19 and 11), and stabilizing means
18. See the Examiner’s Answer at page 4.
The appellant has grouped claims 45 and 46 separately and
has provided independent arguments with respect to the
patentability thereof. Accordingly, claims 45 and 46 will not
stand or fall together and we will consider each claim
separately.
OPINION
We have carefully reviewed the rejection on appeal in light
of the arguments of the appellant and the examiner. As a result
of this review, we have reached the determination that Kennedy
establishes a prima facie case of anticipation that has not been
rebutted by additional evidence or argument from the appellant.
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