Ex parte SOKOLEAN - Page 4




                 Appeal No. 97-2782                                                                                       Page 4                        
                 Application No. 08/368,993                                                                                                             


                          Claims 27 , 28, 30 through 32, 35 through 38 and 423                                                                                                             
                 through 44 stand rejected under 35 U.S.C. § 103 as being                                                                               
                 unpatentable over Bergh.4                                                                                                              


                          Claims 33 and 34 stand rejected under 35 U.S.C. § 103 as                                                                      
                 being unpatentable over Bergh in view of Schmitt-Raiser.                                                                               


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellant regarding the above-noted                                                                            
                 rejections, we make reference to the final rejection (Paper                                                                            
                 No. 10, mailed August 2, 1996) and the examiner's answer                                                                               
                 (Paper No. 18, mailed March 17, 1997) for the examiner's                                                                               


                          3In the final rejection, claim 27 was included in this                                                                        
                 rejection under 35 U.S.C. § 103.  In the answer, the examiner                                                                          
                 lists claim 27 as being rejected under 35 U.S.C. § 102(b) but                                                                          
                 also mentions claim 27 in the body of the 35 U.S.C. § 103                                                                              
                 rejection (answer, page 4, line 2).  Since the answer did not                                                                          
                 specifically set forth that it contained a new ground of                                                                               
                 rejection, we will treat claim 27 as being rejected under                                                                              
                 35 U.S.C. § 103 as set forth in the final rejection.                                                                                   
                          4We note the following obvious errors in claims 31 and                                                                        
                 43.  In claim 32, the phrase "said wall panel" should be --                                                                            
                 said ceiling panel-- for proper antecedent basis.  In claim                                                                            
                 43, "corners" (each ocurrence) should be --edges-- for                                                                                 
                 consistency with the original disclosure.  The appellant                                                                               
                 should correct these obvious errors as soon as possible.                                                                               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007