Appeal No. 96-4102
Application 08/500,421
Claims 5 and 6 have been rejected under 35 U.S.C. § 103 as
unpatentable over Arcudi.
The appellants have stated that the claims are separately
argued and do not stand or fall together and have provided
arguments directed to the patentability of each claim on appeal.
Therefore, the claims on appeal do not stand or fall together.
OPINION
Rather than reiterate the arguments of the appellants and
the examiner, reference is made to the appropriate sections of
the appeal brief and the examiner’s answer for the full details
thereof.
We have carefully reviewed the rejections on appeal in light
of the arguments of the appellants and the examiner. As a result
of this review, it is our determination that the Arcudi reference
clearly anticipates the subject matter of claim 4 on appeal.
Therefore, the rejection of this claim will be sustained. On the
other hand, Arcudi does not provide evidence that the claimed
subject matter of claims 5 and 6 would have been prima facie
obvious to one of ordinary skill at the time the invention was
made. Therefore, the rejection of claims 5 and 6 is not
sustained. Our reasons follow.
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