Appeal No. 96-3465
Application No. 07/848,856
should give favorable consideration to an amendment filed
correcting the dependency of claim 17.
Claims 2, 4, 16 and 17
Claims 2 and 16 are dependent on claim 1 and claim 4 is
dependent on claim 3. Since the rejections of claims 1 and 3
have been reversed, the rejections of claims 2, 4 and 16 are also
reversed. Furthermore, since claim 17 is dependent on claim 1
and the rejection of claim 1 has been reversed, the rejection of
claim 17 based on 35 U.S.C. § 103 is also reversed. See 37 CFR
§ 1.75(c) (“Claims in dependent form shall be construed to
include all the limitations of the claim incorporated by
reference into the dependent claim.”). However, the rejection of
claim 17 under 35 U.S.C. § 112, second paragraph is affirmed for
the reasons stated herein.
The decision of the examiner is affirmed-in-part.
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