Appeal No. 1995-4810
Application No. 08/011,499
Abstract No. 88-260861/37, from Derwent Publications Ltd.,
London, an abstract of Japanese 63-189,458 (hereafter the
“Abstract”, with no specified date).
Williams 0 278 555 Aug. 17, 1988
(Published European Patent Application)
Claims 4 through 10 and 12 stand rejected under 35 U.S.C.
§ 103 as unpatentable over the Abstract in view of Ohara and
Williams (Answer, page 4). We have considered the2
countervailing arguments presented by appellants in the Brief
and the examiner in the Answer. We reverse the examiner’s3
rejection for essentially the reasons set forth in the Brief,
page 6, first paragraph, and page 10, first paragraph. We add
the following comments for completeness and emphasis.
OPINION
2The examiner inadvertently lists the rejected claims as
claims 5-10 and 12 (Answer, page 4, first paragraph, see also
the Answer, page 2).
3We note that appellants’ Reply Brief was refused entry by
the examiner (see the Reply Brief dated March 27, 1995, Paper
No. 21, and the examiner’s Response to Reply Brief dated July
11, 1995, Paper No. 24). Since the time for petition of this
matter under 37 CFR § 1.181 has expired, appellants’ Reply
Brief has not been considered on the record before us.
3
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