Ex Parte ROSS et al - Page 6




          Appeal No. 98-1350                                                          
          Application No. 08/607,549                                                  


          claims 16 through 18, 21, 22, 25 and 28 on appeal.  Thus, the               
          examiner’s rejection of appellants’ claims 16 through 18, 21, 22,           
          25 and 28 under 35 U.S.C. § 103 will not be sustained.                      


          In summary: we have not sustained either of the examiner’s                  
          rejections under 35 U.S.C. § 103.  Thus, the decision of the                
          examiner is reversed.                                                       


          Pursuant to our authority under 37 CFR § 1.196(b), we enter                 
          the following new grounds of rejection.                                     


          Claims 22 through 24 and 28 are rejected under 35 U.S.C.                    
          § 102(b) as being anticipated by LeVine.  More specifically, we             
          direct attention to the embodiment of LeVine seen in Figures 7,             
          7A, 8 and 9, noting that the blade sharpening apparatus of this             
          embodiment includes (in the language of claim 22 on appeal) a               
          support means (79) for supporting a blade holding assembly, and a           
          blade sharpening member (34, 35, 41 of Fig. 1), wherein the blade           
          holding assembly comprises a first blade holding member having a            















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