Appeal No. 96-1455
Application No. 08/218,279
Rather than reiterate the conflicting viewpoints advanced
by the Examiner and the appellants, we make reference to the
brief and answer for the details thereto.3 4
OPINION
After a careful review of the evidence before us, we
disagree with the Examiner that claim 1 is properly rejected
under 35 U.S.C. § 101 and we will reverse this rejection of
claim 1. We agree with the Examiner that claim 1 is properly
rejected under 35 U.S.C. § 103. Thus, we will sustain the
rejection of this claim under 35 U.S.C. § 103, but we will
reverse the rejection of claim 19 under 35 U.S.C. § 103 on
appeal for the reasons set forth infra.
3Appellants filed an appeal brief filed August 2, 1995
(Paper No. 9). We will refer to this appeal brief as simply
the brief.
4The Examiner responded to the brief with an examiner's
Answer mailed October 19, 1995 (Paper No. 10). We will refer
to this examiner's answer as simply the answer. The answer
incorporated the rejection under 35 U.S.C. § 103 from the
final rejection, mailed December 27, 1994 (Paper No. 6). We
will refer to this final rejection simply as the final.
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