Appeal No. 97-0935
Application 08/340,905
THE REJECTIONS
The Examiner's Answer is equivocal with respect to
the rejections on appeal. While page 3 of the Examiner's
Answer only includes the rejection of claims 2 through 5, 8, 9
and 14 under
35 U.S.C. § 102, the Examiner's Answer lists all references in
paragraph 9 of the Answer that were relied upon in the Final
Rejection. Furthermore, the examiner in the second paragraph
on page 4 of the Answer discusses these references and
responds to appellants' arguments with respect thereto. Since
the Answer does not specifically state that the rejections
made in the Final Rejection have been withdrawn, and the
examiner includes the references in the Answer and discusses
the same, for the sake of completeness, we will consider all
rejections made in the Final Rejection as the appellants have
done in the Brief. Our intention to do so was conveyed to the
appellants' representative at Oral Hearing.
The examiner has withdrawn all standing 35 U.S.C.
3
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