Ex parte HASS et al. - Page 3




                 Appeal No. 96-3737                                                                                                                     
                 Application No. 08/203,840                                                                                                             

                                   (b) applying sufficient pressure to said resilient,                                                                  
                          compliant material to cause said resilient, compliant                                                                         
                                   material to deform and fill said at least one recess                                                                 
                 and               cause interlayer adhesion of said layers.                                                                            
                          The references relied upon by the examiner in the                                                                             
                 rejections before us are:                                                                                                              
                 McNeal et al.                       4,680,075                                    Jul. 14, 1987                                         
                 (McNeal)                                                                                                                               
                 Bloechle et al.                     4,737,208                                    Apr. 12, 1988                                         
                 (Bloechle)                                                                                                                             
                 Takeguchi                  et al.            5,116,440                                    May  26, 1992                                
                 (Takeguchi)                                                                                                                            
                          Claims 1, 5 and 7 through 9 stand rejected under 35                                                                           
                 U.S.C.                                                                                                                                 
                 § 102(b) as being anticipated by McNeal.                                                                                               
                          Claims 1 through 3, 5, 7 through 11, 13, 14, 16 and 18                                                                        
                 stand rejected under 35 U.S.C. § 103 as being obvious over                                                                             
                 McNeal; claims 4 and 17 stand correspondingly rejected over                                                                            
                 McNeal and further in view of Bloechle; and claims 37 through                                                                          
                 40 stand similarly rejected over McNeal in view of Takeguchi.2                                                                         

                          2Apparently by oversight, the examiner has failed to                                                                          
                 include claims 6, 12, 15, 41 and 42 in any of the rejections                                                                           
                 advanced on this appeal.  Although claims 41 and 42 were                                                                               
                 rejected over the here applied prior art in the final office                                                                           
                 action, claims 6, 12 and 15 have never been specifically                                                                               
                 rejected or otherwise treated by the examiner during                                                                                   
                 prosecution of this application.  These failures by the                                                                                
                                                                           3                                                                            





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