Appeal No. 1998-0046 Page 2
Application No. 08/357,320
BACKGROUND
The appellant's invention relates to an endless chain
cutter. A copy of the claims under appeal appears in the
appendix to the appellant's brief.3
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Protzeller 2,594,991 Apr. 29, 1952
Reagle 2,636,291 Apr. 28, 1953
Hayward AU 540,966 Dec. 13, 1984
(Australian patent document)
The following rejections are before us for review.
1. Claims 1-5 and 10 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Protzeller.
2. Claims 1 and 4 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Reagle.
3. Claims 6 and 9 stand rejected under 35 U.S.C. § 103 as
being unpatentable over either Protzeller or Reagle in view of
Hayward.
The copy of claim 5 in the appellant's brief is an incorrect3
reproduction of claim 5 of record in the application in that "outward" should
be "outwards."
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