Ex parte BARBEE et al. - Page 3




                    Appeal No. 95-2382                                                                                                                                     
                    Application 07/955,671                                                                                                                                 


                              The examiner has applied the following references:                                                                                           

                    Di Mino                                                     3,265,034                     Aug.  9, 1966                                                
                    Finnicum et al. (Finnicum)                                  5,114,759                     May  19, 1992                                                
                    (filed Jul. 12, 1991)2                                                                                                                                 
                    Zhongjun (EP ‘493)                                          0 197 493                     Oct. 15, 1986                                                
                    (European Patent Application)                                                                                                                          

                              Claims 1, 5, 6, and (1, 5, 6)/11-13 stand rejected under 35                                                                                  
                    U.S.C. § 102(b) as anticipated by EP ‘493.  Claims 8, 10, 27, 31                                                                                       
                    and (8, 10, 27, 31)/11-13 stand rejected under 35 U.S.C. § 103 as                                                                                      
                    unpatentable over EP ‘493.  Claims 2-4, 9, 28-30 and (2-4, 9, 28-                                                                                      
                    30)/11-13 stand rejected under 35 U.S.C. § 103 as unpatentable                                                                                         
                    over EP ‘493 in view of Di Mino.  Claims 15 and 32 stand rejected                                                                                      
                    under 35 U.S.C. § 103 as unpatentable over EP ‘493 in view of                                                                                          
                    Finnicum.  Claim 14 stands rejected under 35 U.S.C. § 103 as                                                                                           
                    unpatentable over EP ‘493 in view of Di Mino and Finnicum.                                                                                             
                              We reverse the rejection of claims 8, 10, 27, 31 and (8, 10,                                                                                 
                    27, 31)/11-13 under § 103 in view of EP ‘493.  Accordingly, the                                                                                        
                    rejection of claims 9, 28-30 and 32, which depend upon claims 8                                                                                        
                    and 27, are also reversed.  We affirm all other stated rejections                                                                                      


                              2    Finnicum is a continuation-in-part of Application No. 07/559,806, filed                                                                 
                    on Jul. 30, 1990.  Appellants state that this application is a continuation of                                                                         
                    Application No. 07/703,542, filed May 21, 1991.  The availability of Finnicum as                                                                       
                    prior art against appellants’ claims has not been raised by the examiner or                                                                            
                    appellants.                                                                                                                                            
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