Appeal No. 95-4356
Application 08/133,821
in support of the rejections and the evidence of obviousness
relied upon by the examiner as support for the obviousness
rejections. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellants’
arguments set forth in the brief along with the examiner's
rationale in support of the rejections and arguments in
rebuttal set forth in the examiner's answer.
It is our view, after consideration of the record
before us, that claim 16 particularly points out the invention
in a manner which complies with 35 U.S.C. § 112. We are also
of the view that the collective evidence relied upon and the
level of skill in the particular art would have suggested to
one of ordinary skill in the art the obviousness of the
invention as set forth in claim 16. We reach the opposite
conclusion with respect to claims 17-27. Accordingly, we
affirm-in-part.
We consider first the rejection of claim 16 under the
second paragraph of 35 U.S.C. § 112. The examiner’s rejection
states the following:
In claim 16, at lines 8-9, the applicant
has claimed "testing said selection to
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007