Ex parte ENGELBRECHT et al. - Page 4




          Appeal No. 95-4207                                                          
          Application 08/073,442                                                      



               Rather than repeat the positions of the appellants and                 
          the examiner, reference is made to the brief and the answer                 
          for the respective details thereof.                                         


                                       OPINION                                        
               We reverse the four art rejections concerning this                     
          appeal.                                                                     
               We do not agree with the examiner’s correlation of                     
          features disclosed in Noreen under 35 U.S.C. § 102 and § 103                
          as applied by the examiner in the statement of the rejection                
          of the pending claims in the final rejection on which the                   
          examiner relies.  Our study of Noreen leads us to agree with                
          appellants’ general arguments made at pages 4 through 6 of the              
          brief that the examiner’s approach appears to correlate                     
          certain features of the claims without regard as to                         
          functionality or equivalence in Noreen.                                     
               More specifically, turning initially to the broadest                   
          claim on appeal, claim 19, we are mindful of the examiner’s                 
          reliance upon the subject matter recited in Noreen’s claim 11               
          at the end of column 16 of his patent that the so-called data-              

                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007