Appeal No. 98-1256
Application No. 08/599,934
and 29. In the paragraph bridging pages 1 and 2 of the amended brief the appellant states
that "no appeal is taken from independent claim 18" (the only other claim remaining in the application)
and, accordingly, the appeal of claim 18 is dismissed.2
We AFFIRM-IN-PART.
The appellant's invention pertains to a straight edge guide for cutting flooring materials.
Independent claim 13 is further illustrative of the appealed subject matter and a copy thereof may be
found in the appendix to the amended brief.
The references relied on by the examiner are:
Martin 2,080,620 May 18, 1937
Nichols 3,327,360 Jun. 27, 1967
Loggins 4,926,564 May 22, 1990
Anderson 5,191,716 Mar. 9, 1993
The claims on appeal stand rejected under 35 U.S.C. § 103(a) in the following manner:
(1) Claims 13 and 14 as being unpatentable over Loggins in view of Nichols;
(2) Claims 15-17 as being unpatentable over Loggins in view of Martin;
(3) Claims 20 and 21 as being unpatentable over Loggins in view of Nichols, Anderson and
Martin;
2In the Notice of Appeal (Paper No. 9) claim 18 was included in the appealed claims.
2
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