Appeal No. 96-2190
Application 08/287,758
The references relied on by the examiner are:
Chalker, Jr. et al.(Chalker) 4,323,771 Apr.
6,1982
Admitted Prior Art(APA).
Claims 1 through 14 stand rejected under 35 U.S.C. § 103.
As evidence of obviousness, the Examiner uses APA and offers
Chalker to modify APA [answer, page 2 and 3].
Reference is made to Appellant’s brief and the Examiner's
answer for their respective positions.
OPINION
We have carefully considered the entire record before us, 2
and we will reverse the obviousness rejection of claims 1
2The record is confusing. It contains no reply brief
and supplemental notice of allowability (SNA) indicating the
allowance of any of the claims. The Examiner has used the SNA
form as an attachment to the Examiner’s Answer [paper no. 19]
to raise a point relating to the information disclosure
(IDS)(paper no. 18). The Examiner then uses, in paper no. 21,
the term “reply brief” to identify the Appellant’s letter
[paper no. 20] which merely clarified the Examiner’s point
relating to the IDS but did not contain any further arguments
regarding the issues on appeal.
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