Appeal No. 95-3673
Application 07/935,762
indicate a distinction between a fault and no fault situation,
but not in the context of any sweeping action as discussed
earlier. As to these latter two independent claims, the
additional teachings of Burke add nothing to cure the noted
deficiencies of Bruggemann. Overall then, the art rejection of
each independent claim 1, 13 and 21 and their respective
dependent claims under 35 U.S.C. § 103 cannot be sustained.
In view of the foregoing, the decision of the examiner
rejecting claims 1 to 22 under the second paragraph of 35 U.S.C.
§ 112 and under 35 U.S.C. § 103 are reversed.
REVERSED
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