Appeal No. 97-1078
Application 08/448,056
Oda et al. (Oda) 4,601,332 Jul. 22,
1986
The items relied upon by the appellants as evidence of
non-obviousness are:
The 37 CFR § 1.132 Declaration of Wataru Kotani and
its accompanying exhibits (Paper Nos. 14 and 16).
Claims 12 through 15 and 20 through 22 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Davies in
view of Oda, and claims 16 through 19 stand rejected under 35
U.S.C. § 103 as being unpatentable over Davies in view of Oda
and Ogawa.3
Reference is made to the appellants’ main and reply
briefs (Paper Nos. 12 and 14) and to the examiner’s main and
supplemental answers (Paper Nos. 13 and 17) for the respective
positions of the appellants and the examiner with regard to
the merits of these rejections.
Davies, the examiner’s primary reference, discloses a
pair of regenerators 12 which are alternately heated by waste
gas flowing out of a glassmaking melting tank 10 and cooled by
3 The examiner has withdrawn the 35 U.S.C. § 112, second
paragraph, rejection of claims 14 and 15 which was set forth
in the final rejection (see the advisory action dated July 18,
1996, Paper No. 9).
3
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