Appeal No. 96-0770
Application No. 08/193,982
Christenson (U.S. patent 2,946,912) is discussed by the
examiner in the response to arguments (Answer, page 6), but it is
not listed in the prior art of record and in the grounds of
rejection (Answer, pages 2 and 3). “Where a reference is relied
on to support a rejection, whether or not in a ‘minor capacity,’
there would appear to be no excuse for not positively including
the reference in the statement of the rejection.” See In re
Hoch, 428 F.2d 1341, 1342, 166 USPQ 406, 407 (CCPA 1970).
In summary, the 35 U.S.C. § 103 rejection of claims 1
through 6 is reversed.
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