Ex parte HOFMANN et al. - Page 3




               Appeal No. 1996-0729                                                                                                 
               Application No. 07/859,572                                                                                           


                       The claims are rejected as follows:                                                                          

                       I.  Claims 1, 12 through 14, 20 and 21 stand rejected under 35 U.S.C. § 101 as lacking                       

               patentable utility (answer, pages 3-4 and 9-12).                                                                     

                       II.  Claim 7 stands rejected under 35 U.S.C. § 102(b)  as being anticipated by Legrand II                    
               (answer, pages 5 and 12-13).  2                                                                                      

                       III.  Claim 7 stands rejected under 35 U.S.C. § 103 as being unpatentable over Mitsuya,                      

               Ahluwalia, Herdewijn, Van Aerschot, Harmenberg and applicants’ admission in view of Legrand II                       

               (answer, pages 7-9 and 14-15).                                                                                       

                       IV.  Claims 1 and 12 through 14 stand rejected under 35 U.S.C. § 103 as being unpatentable                   

               over Mitsuya, Ahluwalia, Herdewijn, Van Aerschot, Harmenberg and applicants’ admission in view of                    
               Legrand II (answer, pages 5-7 and 13-14).  3                                                                         

                       We sustain rejections II and III and reverse rejections I and IV for reasons which follow.                   

                       In reaching our decision in this appeal, we have given careful consideration to the appellants’              

               specification and claims, to the applied prior art references and to the respective positions articulated by         

               the appellants and the examiner.  We make reference to the examiner’s answer (Paper No. 26, mailed                   


                       2Our decision is based upon consideration of Legrand II which, according to the examiner, is the full length 
               article underlying Legrand I (answer, page 3).                                                                       
                       3The rejection of claims 20 through 23 under 35 U.S.C. § 103 over Mitsuya, Ahluwalia, Herdewijn, Van         
               Aerschot, Harmenberg and applicants’ admission in view of Legrand II has been withdrawn by the examiner (answer,     
               page 3).                                                                                                             
                                                               - 3 -                                                                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007