Appeal No. 96-1539
Application No. 08/128,456
Dependent claims 2 through 5 and 7 through 9 stand rejected
under
35 U.S.C. § 103 as unpatentable over either one of Blackard or
Albright in view of Binkley. 2
Reference is made to the briefs and answers for the
respective positions of appellants and the examiner.
OPINION
We will not sustain the rejection of claims 1 and 6 under
35 U.S.C. § 102(e) as being anticipated by Blackard.
At pages 3-4 of the principal answer, the examiner sets
forth a correspondence between the instant claimed elements
and that disclosed by Blackard. While the examiner identifies
various elements and sections of Blackard’s disclosure which
allegedly buttress the examiner’s position, the correspondence
2Blackard is applied under 35 U.S.C. § 102(e) and
Albright is applied under 35 U.S.C. § 102(b). Also, the
rejections involving Albright were applied as a new ground of
rejection in the answer.
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