Appeal No. 96-0236
Application 08/187,364
construed in accordance with 35 U.S.C. § 112 ¶ 6, O.I. Corp.
v.
Tekmar Co., 115 F.3d 1576, 1582-83, 42 USPQ2d 1777, 1781-82
(Fed.
Cir. 1997), Appellant does not rely on § 112 ¶ 6 to
distinguish
this claim from the prior art.
The references relied on by the examiner in the Answer
are:
Hoshino 3-146,992 (Japan) June 21, 1991
Kuijk 0,362,939 (EPO) April 11, 1990
Fuse 3-200,214 (Japan) Sept. 2, 1991
When the final Office action and the Answer were
prepared, the only portions of Hoshino and Fuse that had
English-language translations were the abstracts. The PTO-892
mailed with the Supplemental Examiner's Answer additionally
lists an English-language translation of the entire Hoshino
reference and Fuse U.S. patent 5,229,761, which the examiner
characterizes as corresponding to the Fuse Japanese reference
(Supplemental Examiner's Answer at 8). In response to
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