Appeal No. 97-2973
Application 08/316,147
b) claims 1, 7 and 12 under 35 U.S.C. § 102(b) as being
anticipated by Gordon;
c) claims 8 through 11, 13 through 15 and 18 under 35
U.S.C. § 103 as being unpatentable over Gordon in view of
Dansi; and
d) claims 16 and 17 under 35 U.S.C. § 103 as being
unpatentable over Gordon in view of Swartout.
Reference is made to the appellant’s main and reply
briefs (Paper Nos. 11 and 15) and to the examiner’s answer
(Paper No. 14) for the respective positions of the appellant
and the examiner with regard to the merits of these
rejections.
As a preliminary matter, it is noted that the examiner
has withdrawn the 35 U.S.C. § 112, second paragraph, rejection
of claims 13 and 19 which was set forth in the final rejection
(see page 7 in the answer). As a result, claim 19 no longer
stands rejected. Also, the appellant’s contention that claim
18 was not finally rejected (see page 2 in the main brief and
pages 2 and 3 in the reply brief) is belied by the discussion
of this claim on page 4 in the final rejection (Paper No. 5).
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