Appeal No. 1998-1647
Application 08/668,503
appendix to the brief, is illustrative of the appealed subject
matter.
The references of record relied upon by the examiner in
support of a rejection under 35 U.S.C. § 103 are:
Kuehne 4,534,984 Aug. 13, 1985
Ferguson 4,765,857 Aug. 23, 1988
Claims 25-28, 30, 31, 33, 34, 44 and 45 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Ferguson in
view of Kuehne.
The rejection is explained in the examiner’s answer
(Paper No. 27, mailed October 2, 1997).
The opposing viewpoints of appellants are set forth in
the brief (Paper No. 26, filed August 27, 1997) and the “reply
brief” (Paper No. 29, filed December 4, 1997).4
4With respect to appellants’ “reply brief,” the following
quote from M.P.E.P § 1208.03 is noted:
Amendments, affidavits, and/or other evidence
must be submitted in papers separate from the reply
brief, and the entry of such papers is subject to
the provisions of 37 CFR 1.116 and 37 CFR 1.195. A
paper that contains an amendment (or evidence) is
not a reply brief within the meaning of 37 CFR
4
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