Ex parte CUMMINS - Page 11




                 Appeal No. 94-2097                                                                                                                     
                 Application 07/875,630                                                                                                                 


                 § 102(b).   Furthermore, see appellant's acknowledgment in the2                                                                                                                     
                 Appeal Brief, page 9, lines 1 and 2, that "[d]ocument WO                                                                               
                 82/00588 . . . qualifies as prior art against the present                                                                              
                 application."                                                                                                                          
                          On return of this application to the Examining Corps, we                                                                      
                 recommend that the examiner evaluate the patentability of                                                                              
                 claims 2, 3, 5, 7, 8, 10, 21 and 22 in light of PCT                                                                                    
                 publication WO 82/00588 as prior art.                                                                                                  






















                          2Appellant has attached a copy of the PCT publication as                                                                      
                 exhibit 1 to the Appeal Brief.                                                                                                         
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