Appeal No. 1996-1891
Application 08/058,478
C. The references and the rejections
The references relied on in the Answer are:
Bose et al. (Bose) 4,628,528 Dec. 9, 1986
Taddeo 4,837,837 June 6, 1989
Spear et al. (Spear) 5,373,564 Dec. 13, 1994
(filed Oct. 2, 1992)
Although claims 1-6 were rejected in the final Office
action under § 103 for unpatentability over Bose in view of
Taddeo and Weckler U.S. Patent 4,807,293, the examiner has
withdrawn his reliance on Weckler (Answer at 4 and 9).
Claims 1-6, 9, and 10 stand rejected in the final Office
action and the Answer under 35 U.S.C. § 112, first paragraph,
as based on a non-enabling disclosure.
Claim 9 was additionally rejected for the first time in
the Answer under § 102(e) as anticipated by Spear. Appellant
responded by adding a new limitation to claim 9 and rewriting
its dependent 10 in independent form. The examiner entered
these amendments but does not consider the amendment of claim
9 sufficient to overcome the § 102(e) rejection.
D. The merits of the § 112 rejection of claims 1-6, 9, and 10
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