Appeal No. 97-1057
Application 08/160,298
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134
from the examiner's final rejection of claims 1-97, which
constitute all the claims in the application. Appellants have
indicated that the appeal is withdrawn with respect to claims
28 and 69 [supplemental reply brief, page 5]. Accordingly,
this appeal now involves only claims 1-27, 29-68 and 70-97.
The final rejection of the claims under 35 U.S.C. §
112 was withdrawn in the initial examiner’s answer [page 11],
but a new rejection of some of the claims on this ground was
made in this answer [pages 8-9]. The first supplemental
answer subsequently indicated that the new rejection under
Section 112 had been withdrawn [page 1], and the second
supplemental answer listed no rejections under Section 112.
Thus, there are no longer any pending rejections of the claims
under 35 U.S.C.
§ 112. In the second supplemental examiner’s answer, the
examiner indicated that a rejection of claims 4-8, 14, 15, 29-
33, 35, 45-49, 55, 56, 70-74 and 76 under 35 U.S.C. § 103 had
been withdrawn [page 2].
2
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