Appeal No. 1997-0595 Page 21
Application No. 08/154,911
Accordingly, we summarily sustain the rejection of claims 1 to
4 and 12-17 under 35 U.S.C. § 103 as being unpatentable over
Ottaviano '716 since the appellant has not specified any error
in this rejection.
Moreover, it is our view that the examiner's rejection of
claims 1 to 4 and 12-17 under 35 U.S.C. § 103 over Ottaviano
'716 is sustainable based upon the same rationale we set forth
above in our decision affirming the examiner's rejection of
these claims under 35 U.S.C. § 103 as being unpatentable over
Ottaviano '776 in view of Engel.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 13 to 17 under 35 U.S.C. § 112, first and second
paragraphs, is reversed; the decision of the examiner to
reject claim 3 under 35 U.S.C. § 102(b) as being anticipated
by Johnson is affirmed; the decision of the examiner to reject
claims 1 to 8 and 10 under
35 U.S.C. § 103 as being unpatentable over Johnson in view of
D'Angelo is affirmed with respect to claims 3 and 4 and
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