Ex parte LEBBY et al. - Page 3




                 Appeal No. 95-1288                                                                                                                     
                 Application No. 07/844,027                                                                                                             


                 Berg et al. (Berg)                                    4,329,190                                    May   11,                           
                 1982                                                                                                                                   
                 Sato                                                           5,260,587                                    Nov.                       
                 9, 1993                                                                                                                                
                                                                                (filed Mar. 30,                                                         
                 1992)2                                                                                                                                 
                          Claims 16 through 21 and 25 through 27 stand rejected                                                                         
                 under the second paragraph of 35 U.S.C. § 112 because the                                                                              
                 examiner is of the opinion that the claimed axial direction of                                                                         
                 the header is confusing.  According to the examiner (Answer,                                                                           
                 page 3), “[i]t appears that the ‘axial direction’ should be                                                                            
                 along the longitudinal direction of the fiber with the ‘first                                                                          
                 surface’ parallel rather than perpendicular to the ‘axial                                                                              
                 direction’.”                                                                                                                           
                          Claims 16 through 21 and 24 through 27 stand rejected                                                                         
                 under 35 U.S.C. § 103 as being unpatentable over Berg in view                                                                          
                 of Bowen and Sato.                                                                                                                     
                          Reference is made to the brief and the answer for the                                                                         
                 respective positions of the appellants and the examiner.                                                                               


                                                                     OPINION                                                                            


                          2The filing date of this reference is after the filing                                                                        
                 date of the subject application.                                                                                                       
                                                                           3                                                                            





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