Ex parte PAPPALARDO et al. - Page 3




          Appeal No. 96-1451                                                          
          Application No. 07/937,936                                                  


          (Japanese Kokai patent publication)                                         
          IES Lighting Handbook 2-9 (5th ed., Illuminating Engineering                
          Society 1972) (IES)                                                         
               Claims 1 through 18 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Yamamoto in view of IES, further in              
          view of Walter (claims 16 and 17), Schreurs (claim 8), or                   
          Hoffman (claims 4 through 7, 9, and 18).                                    
               Reference is made to the Examiner's Answer (Paper No. 14,              
          mailed November 1, 1995) for the examiner's complete reasoning              
          in support of the rejections, and to the appellants' Brief                  
          (Paper No. 13, filed August 7, 1995) for the appellants'                    
          arguments thereagainst.                                                     
                                       OPINION                                        
               As a preliminary matter, we note that appellants indicate              
          on page 3 of the Brief that claims 1 through 18 are to stand                
          or fall together.  Accordingly, we will treat claims 2 through              
          18 as standing or falling with claim 1, and will consider only              
          Yamamoto and IES, the references applied against claim 1.                   
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by the appellants and the examiner.  As a consequence of our                

                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007