Appeal No. 97-2412
Application No. 08/330,136
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OPINION
In reaching our conclusion on the anticipation issue
raised in this appeal, this panel of the board has carefully
considered appellant’s specification and claims, the evidence
of anticipation, and the respective viewpoints of appellant
and the examiner. As a consequence of our review, we make the
determination which follows.
We reverse the examiner’s rejection of appellant’s claims
under 35 U.S.C. § 102(b).
At the outset, we note that the present application is
considered by appellant to be a continuation-in-part of
application Serial No. 08/074,746, now abandoned (hereafter,
the ‘746 application).
The ‘746 application includes a “BACKGROUND OF THE
INVENTION” section (page 1) which describes a “conventional”
transmission, with “such transmission” being disclosed in a
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