Appeal No. 94-0822
Application No. 07/801,992
However, appellants' Brief, at page 6, defines Group A as
consisting of claims 1-10, 12-37 and 38-42, whereas the
examiner's § 102/§ 103 rejection over Visca includes claims 1-
10, 12-25 and 27-37 (see page 2 of Answer). Consequently, it
would seem that the examiner has withdrawn the rejection of at
least some of the appealed claims over Visca.
In conclusion, based on the foregoing, the examiner's
rejection of claim 38 under 35 U.S.C. § 112, fourth paragraph,
is affirmed. The examiner's rejections of the appealed claims
under 35 U.S.C. §§ 102 and 103 are reversed. Accordingly,
the examiner's decision rejecting the appealed claims is
affirmed-in-part.
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