Appeal No. 95-3117
Application 08/096,207
428 F.2d 1341, 1342 n. 3, 166 USPQ 406, 407 n. 1 (CCPA 1970)
(“Where a reference is relied on to support a rejection,
whether or not in a “minor capacity,” there would appear to be
no excuse for not positively including the reference in the
statement of the rejection.”)
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