Appeal No. 1997-4250
Application No. 08/405,366
that claims 5, 6, 12, 13, 15 and 16 contain allowable subject
matter (Answer, page 2), which leaves claims 1-4, 7-11 and 14
before us on appeal.
The appellant’s invention is directed to a file holder
for holding a plurality of files. The claims on appeal have
been reproduced in an appendix to the Brief.
THE REFERENCES
The following references were relied upon by the examiner
to support the final rejection:
Starkweather 4,331,335 May 25,
1982
Hicinbothem et al. 5,197,764 Mar. 30,
1993
(Hicinbothem)
THE REJECTION
Claims 1-4, 7-11 and 14 stand rejected under 35 U.S.C. §
103 as being unpatentable over Hicinbothem in view of
Starkweather.
Rather than attempt to reiterate the examiner’s full
commentary with regard to the above-noted rejection and the
conflicting viewpoints advanced by the examiner and the
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