Appeal No. 95-2970
Application No. 07/995,106
35 through 43 under 35 U.S.C. § 103 as unpatentable over the
combined disclosures of Klein and Steudle.
On consideration of the record, including appellants'
Appeal Brief, Reply Brief and Supplemental Reply Brief, and
the Examiner's Answer and Supplemental Answer, we reverse
these prior art rejections.
DISCUSSION
As stated in the Appeal Brief, section V, "[a]ppellants
do not argue for the patentability of the dependent claims
apart from the independent claims from which they depend." In
other words, for the purposes of this appeal, appellants group
the independent claims separately. Further, in section VI of
the Appeal Brief, appellants argue that (1) specific
limitations in the independent claims are not described in the
prior art relied on by the examiner; and (2) those limitations
render the claimed subject matter unobvious over the prior
art. For example, see the Appeal Brief, paragraph bridging
pages 9 and 10.
In light of the foregoing, we find that this statement in
the Examiner's Answer, page 2, is clearly erroneous:
-4-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007