Appeal No. 95-3678
Application 07/545,786
We note that the claims of this application have been the
subject of a previous appeal. In the previous appeal, claims 6,
13 and 14 were rejected under 35 U.S.C. § 112, first and second
paragraphs, and claims 1-15 were rejected under 35 U.S.C. § 103
as being unpatentable over a patent to Pinkham and Shinoda, cited
above. The previous Board decision reversed the rejections of
claims 6, 13 and 14 under Section 112 [Paper #31]. The previous
Board decision also affirmed the prior art rejection with respect
to claims 1-5, 7-11 and 15, but reversed the prior art rejection
with respect to claims 6 and 12-14. However, the Board entered a
new ground of rejection against claims 6 and 12-14 under 35
U.S.C. § 103 based upon the teachings of Sze and Shinoda.
Following the Board decision, an amendment was filed on August
27, 1993 to cancel claims 5, 6 and 12, to amend claims 1-4, 7-11
and 13-15, and to add claims 16-20. This amendment was denied
entry because it was not limited to the claims subject to the new
ground of rejection made by the Board. Subsequently, another
amendment was filed in which claims 5, 6 and 12 were cancelled
and only claims 1, 11, 13 and 14 were amended. This amendment
has been entered. Claim 1 now incorporates the limitations of
cancelled claims 5 and 6. Claim 11 now includes the limitations
of cancelled claim 12. Claim 13 was rewritten to be in
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