Appeal No. 94-4357
Application No. 07/739,050
Group, Emery Industries, Inc., pp. 259-262 (unknown
publication date) (hereinafter referred to as “Tritschler”) . 3
The appealed claims stand rejected under 35 U.S.C. § 103
as follows:
(1) Claims 1, 2, 4, 5, 15 through 17, 19 and 20 as
unpatentable over the combined disclosures of Fritzvold and
Namba;
(2) Claims 6, 7, 18, 33 through 36 and 51 through 54 as
unpatentable over the combined disclosures of Fritzvold, Namba
and Tritschler;
(3) Claims 8 through 11, 37 through 41, 44 and 45 as
unpatentable over the combined disclosures of Fritzvold,
Namba, Tritschler and Samuelson; and
3Appellants have submitted this reference as prior art to
comply with the duty of disclosure under Rule § 1.156.
However, neither the examiner nor appellants has supplied the
publication date for this reference. Nevertheless, we will
presume it to be prior art since appellants have not only not
challenged the examiner’s reliance on it as prior art, but
also submitted it as prior art. Upon return of this
application, we advise both the examiner and appellants to
supply the publication date for this reference to complete the
record of this application.
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