Appeal No. 97-1250
Application 08/347,087
indicated as containing allowable subject matter, currently
stands objected to as depending from a rejected base claim.
Thus, the appeal as to claim 7 is hereby dismissed, leaving for
review the standing rejections of claims 1, 3, 5, 6 and 8 through
12, the only other claims presently pending in the application.
The subject matter on appeal relates to a metal laminate
cylinder head gasket. Copies of claims 1, 3, 5, 6 and 8 through
12 appear in the appendix to the appellant’s brief (Paper No.
13).
The reference relied upon by the examiner as evidence of
anticipation and obviousness is:
Udagawa 0,440,831 Aug. 14, 1991
(European Patent Document)
Claims 1, 3, 5, 6, 9, 10 and 12 stand rejected under 35
U.S.C. § 102(b) as being anticipated by Udagawa, and claims 8 and
11 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Udagawa. 2
Reference is made to the appellant’s brief and to the
examiner’s answer for the respective positions of the appellant
2The 35 U.S.C. § 112, second paragraph, and 35 U.S.C. §
102(b) rejections of claim 11 which were set forth in the final
rejection are presumed to have been withdrawn since they have not
been restated in the examiner’s answer (Paper No. 14). See Ex
parte Emm, 118 USPQ 180, 181 (Bd App 1957).
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