Appeal No. 95-1682
Application 07/853,459
Rather than repeat the arguments of Appellants or
the Examiner, we make reference to the briefs and the 3
answers for the details thereof.4
OPINION
After a careful review of the evidence before us, we
agree with the Examiner that claims 4, 8, 13 and 16 are prop-
erly rejected under 35 U.S.C. § 103. Thus, we will sustain
the rejection of these claims but we will reverse the rejec-
tion of the remaining claims on appeal for the reasons set
forth infra.
3Appellants filed an appeal brief on April 8, 1994. We
will refer to this appeal brief as simply the brief. Appel-
lants filed a reply appeal brief on September 12, 1994. We
will refer to this reply appeal brief as the reply brief. The
Examiner responded to the reply brief in the supplemental
Examiner's answer and thereby entered and considered the reply
brief. Appellants filed a supplemental reply appeal brief on
December 26, 1995. We will refer to this reply appeal brief
as the supplemental reply brief. The Examiner stated in the
Examiner’s letter, mailed March 14, 1996, that the supplemen-
tal reply brief has been entered and considered and a response
by the Examiner is not deemed necessary.
4The Examiner responded to the brief with an Examiner's
answer, mailed July 12, 1994. We will refer to the Examiner's
answer as simply the answer. The Examiner responded to the
reply brief with a supplemental Examiner's answer dated Octo-
ber 23, 1995. We will refer to the Supplemental Examiner's
answer as simply the supplemental answer.
5
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