Appeal No. 98-0003
Application No. 08/601,896
The references of record relied upon by the examiner in
support of rejections under 35 U.S.C. § 103 are:
Ouwerkerk et al. (Ouwerkerk) 5,093,823 Mar.
3, 1992
Karakane et al. (Karakane) 5,370,224 Dec. 6,
1994
European Patent (Einhaus) 0,315,255 May 10,
1989
The following rejections under 35 U.S.C. § 103 are before
us for review:3
(a) claims 1-4, 6-12, 16 and 17 as being unpatentable
over Ouwerkerk in view of Karakane; and
3In the final rejection, claims 1-4, 6-12 and 15-17 were
also rejected under 35 U.S.C. § 112, second paragraph. Since
these claims have been amended by the first amendment filed
subsequent to the final rejection in such a manner so as to
apparently overcome the examiner’s criticism of the claims,
and since no mention of this rejection has been made by the
examiner in the answer, we presume that the examiner has
withdrawn the final rejection thereof on this ground. Ex
parte Emm, 118 USPQ 180, 181 (Bd. App. 1957). Additionally,
the rejection of claim 16 under 35 U.S.C. § 102(b) made in the
final rejection has been withdrawn in view of entry of the
first amendment filed subsequent to the final rejection.
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007