Appeal No. 97-0984
Application 08/546,345
Masuoka 4,460,835 July 17,
1984
Ludwig 5,115,150 May 19,
1992
Claims 1-4 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness the examiner offers Shay or Mahabadi
in view of Crafts .2
Rather than repeat the arguments of appellant or the
examiner, we make reference to the briefs and the answer for
the respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the
evidence of obviousness properly relied upon by the examiner
as support for the rejection. We have, likewise, reviewed
and taken into consideration, in reaching our decision, the
appellant’s arguments set forth in the briefs along with the
Since the newly cited Masuoka and Ludwig references have not been2
applied in the statement of the rejection, we have not considered these
references in determining the propriety of the rejection. See In re Hoch,
428 F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
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