Appeal No. 1996-2357
Application 08/124,617
THE REJECTIONS
Claims 3-10 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Boustany, Bögemann or Kleiman, each alone or
with Fujii.
OPINION
After considering appellants’ specification and the
evidence and arguments of record, we conclude that appellants’
claims 3, 5, 6, 9 and 10 are unclear to the extent that the
determination of obviousness of the claimed subject matter
over Bögemann, alone or with Fujii, is not possible. For this
reason, we procedurally reverse the examiner’s rejection over
these references. Regardless of the claim clarity
problem, however, we are able to determine that that the
aforementioned rejections of claims 4, 7 and 8 over Bögemann,
alone or with Fujii, and claims 3-10 over Boustany or Kleiman,
each alone or with Fujii, are not well founded. Accordingly,
we reverse these rejections on the merits.
Rejection over Bögemann,
alone or in view of Fujii
-3-3
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