Appeal No. 96-3610
Application 08/300,567
consequence of our review, we make the determinations which
follow.
The obviousness rejection
We must reverse this rejection under 35 U.S.C. § 103.
The examiner applies two documents as evidence in this
rejection. We shall focus entirely upon the reference denoted by
the name Giovanni. In the rejection (answer, page 4), it is
indicated that, as to this reference, “[f]igures were all that
were available to the examiner.” In the application file, we
find a document that is a single sheet with drawing Figures on
both sides thereof that appear to portray something referenced by
numerals that seem to correspond to what the examiner
characterizes in the rejection as the disclosure of the Giovanni
reference. The noted document in the file does not bear the
number (637,711) listed by the examiner on the aforementioned
“NOTICE OF REFERENCES CITED” form (attachment to Paper No. 9),
does not show the name Giovanni, and does not indicate a date of
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