Appeal No. 96-2897
Application 08/050,315
DECISION ON APPEAL UNDER 35 U.S.C. § 134
This is an appeal under 35 U.S.C. § 134 of an examiner’s
final rejection of Claims 36-39. The examiner has indicated
that
Claims 50-52, the only other claims pending in this
application, are allowed (Supplemental Examiner’s Answer, p.
1, para. 3
(Paper No. 35)).
1. Introduction
Claims 36-39 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by European Patent 274,961 (hereafter EP),
published July 20, 1988. Claims 36-39 also stand rejected
under 35 U.S.C. § 102(e) as being anticipated by Devissaguet
et al. (Devissaguet), U.S. 5,049,322, patented September 17,
1991
(prior art under § 102(e) based on an application filing date
of December 31, 1987). With regard to EP and Devissaguet,
appellants state (Appeal Brief (Br.), p. 5, first sentence and
n. 1):
One issue is presented for appeal1
. . . . .
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