Appeal No. 94-0786
Application 07/861,332
other hand, we will sustain the rejections of appealed ?system?
claim 13. With respect to this claim, appellant acknowledges
(Brief, page 27) that
The method limitations, including steps (ii)
and (iv) of claim 10 a fortiori are not
affirmatively recited in the system claim 13.
For the reasons advanced in the Answer and the factual findings
cited in support thereof (particularly see the Answer at page 6),
we affirm the examiner’s rejections of ?system? claim 13.
In summary, the stated rejections against appealed process
claims 10 through 12 are reversed. The stated rejections against
appealed claim 13 are affirmed. The decision of the examiner,
accordingly, is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
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