Appeal No. 97-0642
Application 08/242,318
Claims 24-37 [sic, 24-27 ] stand rejected under 35 U.S.C.2
§ 103(a) as being unpatentable over Sklarew, Horodeck, and
Kato.
Claims 28-37 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Sklarew, Horodeck, and Kato, further
in view of Capps.3
We refer to the Final Rejection (Paper No. 8) (pages
referred to as "FR__") and the Examiner's Answer (Paper
No. 15) (pages referred to as "EA__") for a statement of the
Examiner's position and to the Substitute Appeal Brief (Paper
No. 14) (pages referred to as "Br__") for Appellant's
arguments thereagainst.
We assume for this appeal that the rejection should be2
claims 24-27 because only claims 24-27 are discussed in the
statement of the rejection in the Final Rejection and the
Examiner's Answer and because Capps is additionally relied on
for the rejection of claims 28-37.
This ground of rejection at pages 28-37 of the Final3
Rejection, is not mentioned or addressed in Appellant's Brief.
Nevertheless, we have considered the rejection on the merits.
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