Appeal No. 96-0405
Application No. 08/178,668
Claims 23 through 30 stand rejected under 35 U.S.C. § 103
as being unpatentable over Anderson in view of Kent, Jr.
The full text of the examiner's rejection and response to
the argument presented by appellant appears in the main and
supplemental answers (Paper Nos. 18 and 22), while the
complete statement of appellant’s argument can be found in the
main and reply briefs (Paper Nos. 17 and 21). 3
In the main brief (pages 2 and 3), appellant indicates
that the rejection of “[c]laims 23, 24, and 26-30" is
separately contested from the rejection of “claims 25 and 30."
In error, the aforementioned groups each include claim 30, a
claim not separately argued. It appears appropriate to
consider claim 30 as grouped solely with claim 25, the claim
presence of a “DISCLAIMER LABEL” on the face of the
application file, specifying that a terminal disclaimer has
been entered and recorded under 35 U.S.C. § 253 in this file,
it is apparent that the examiner has withdrawn the
obviousness-type double patenting rejection.
3An appeal brief supplement supplying requested
additional information (Paper No. 24) was also submitted by
appellant, pursuant to an order for compliance (Paper No. 23).
4
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