Appeal No. 96-0456
Application No. 08/072,654
Claim 13 stands rejected under 35 U.S.C. § 103 as
unpatentable over Von Albertini in view of Burdick as applied
to claim 12 and further in view of the Sherwood Medical
Company European Patent.
Claim 14 stands rejected under 35 U.S.C. § 103 as
unpatentable over Von Albertini in view of Burdick and further
in view of Sherwood as applied to claim 13 and further in view
of Silberman.
We also note that the examiner has cited the patent to
Reich in his discussion of the state of the art on pages 5 and
6 of the examiner's answer.
On page 3 of the appeal brief, appellants state that the
claims on appeal stand or fall together. Accordingly, we will
limit our consideration to the representative independent
claim 12 on appeal.
OPINION
We have carefully reviewed the rejections on appeal in
light of the arguments of the appellants and the examiner. As
a result of this review we have reached the determination that
the applied prior art does not establish a prima facie case of
obviousness with respect with the subject matter on appeal.
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