Appeal No. 95-4081
Application 08/071,895
Decision on appeal under 35 U.S.C. § 134
The appeal is from a decision of the Primary Examiner
rejecting claims 2-9, 11-20, 22-23, 25-30, 32 and 34-35. We
affirm as to claims 2-9, 11-20, 22-23, 25-30 and 35 and
reverse as to claims 32 and 34.
A. Introduction
37 CFR § 1.192(c)(6)(C)(iv) (1994)
Applicants' Appeal Brief (Paper 13) was filed on
November 21, 1994. At that time, Rule 192 required an
applicant to present certain arguments in an appeal brief.
Specifically, Rule 192(c)(6)(C)(iv) (1994) required an
applicant to do the following with respect to each appealed
rejection under 35 U.S.C. § 103 (emphasis added):
For each rejection under 35 U.S.C. 103, the argument
shall specify the errors in the rejection and, if
appropriate, the specific limitations in the rejected
claims which are not described in the prior art relied on
in the rejection, and shall explain how such limitations
render the claimed subject matter unobvious over the
prior art. If the rejection is based upon a combination
of references, the argument shall explain why the
references, taken as a whole, do not suggest the claimed
subject matter, and shall include, as may be appropriate,
an explanation of why features disclosed in one reference
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