Appeal No. 96-0216
Application 07/842,915
including the reference in the statement of the rejection." In
re Hoch, 428 F.2d 1341, 1342, n.3, 166 USPQ 406, 407, n.3 (CCPA
1970). Therefore, references not included in the statement of
rejection are not considered by this Board. Consequently, we
need not address the issues raised with respect thereto in either
the appellants’ Brief or the examiner’s Answer.
Since we find that the examiner has not established a prima
facie case of obviousness over the Nakagawa and Blardone, it
necessarily follows that the further rejection of claim 8, 9, 17
and 18 over Mallow is not sustainable. In view of our discussion
above, no further comment is deemed necessary.
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