Appeal No. 97-1086
Application 08/326,604
references to Isert and Neighbour, we note the presence of no
such structure in those references either.
Accordingly, we will not sustain the examiner's rejection of
claim 3 or the claims which depend therefrom under 35 U.S.C.
§ 103.
Based on the foregoing reasoning, we have sustained
the examiner's rejection under 35 U.S.C. § 103 of claims 1, 2,
10, 11 and 12, but reversed the examiner's rejections of
claims 3 through 9 and 13 under 35 U.S.C. § 103. The decision
of the examiner is accordingly affirmed-in-part.
No time period for taking any subsequent action in
con- nection with this appeal may be extended under 37 CFR §
1.136(a).
AFFIRMED-IN-PART
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