Appeal No. 95-3071
Application No. 08/028,013
Lawton 5,109,425 Apr. 28,
1992
Claim 9 stands rejected under 35 U.S.C. 112, fourth
paragraph, as failing to further limit the claim from which it
depends.
Claims 1, 2, 4, 10 and 11 stand rejected under 35 U.S.C.
102(b) as anticipated by Lawton.
Claims 6, 7, 14 and 15 stand rejected under 35 U.S.C. 103
as unpatentable over Lawton.
The final rejection of claims 1 through 16 under 35
U.S.C. 101 has been withdrawn by the examiner and is not
before us on appeal.
Reference is made to the brief and answer for the
respective positions of appellants and the examiner.
OPINION
At the outset, we will summarily sustain the rejection of
claim 9 under 35 U.S.C. 112, fourth paragraph, because the
claim merely reiterates a portion of claim 1 from which it
depends, claim 9 is a fragment (clearly a further recitation
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