Appeal No. 96-1036
Application 07/979,627
The examiner relies on the following prior art
reference:
Saito 4,614,990 September 30,
1986
Claims 1-5 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Saito. In the Examiner's Answer the
examiner entered a new ground of rejection by changing the
ground of the rejection from § 103 to § 102(b).
This case has been remanded to the examiner several
times for matters of form and procedure. We refer to the
Third Supplemental Examiner's Answer (Paper No. 23) (pages
referred to as "3dSEA__") (which incorporates in one place
the Examiner's Answer (Paper No. 17), the [First]
Supplemental Examiner's Answer (Paper No. 19), and the
Second Supplemental Examiner's Answer (Paper No. 21)) for a
statement of the examiner's position. The Fourth
Supplemental Examiner's Answer (Paper No. 27) is essentially
the same as part of the Third Supplemental Examiner's
Answer. We refer to the Reply Brief (Paper No. 18) (pages
referred to as "RBr__") and the Second Reply Brief (Paper
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