Appeal No. 98-1971
Application 08/575,125
Reference is made to the examiner’s answer (Paper No. 13,
mailed January 7, 1998) for the examiner's reasoning in
support of the above-noted rejections and to the appeal brief
(Paper No. 12, filed November 17, 1997) for appellant's
arguments thereagainst.
OPINION
Our evaluation of the obviousness issues raised in this
appeal has included a careful assessment of appellant's
specification and claims, the applied prior art references,
and the respective positions advanced by appellant and the
examiner. As a consequence of our review, we have come to the
conclusion, for the reasons which follow, that the examiner's
rejections of the appealed claims under 35 U.S.C. § 103 are
not well founded and, therefore, will not be sustained.
However, we have also entered a new ground of rejection
against certain of the appealed claims pursuant to our
authority under 37 CFR § 1.196(b).
Turning first to the examiner's rejection of claims 1, 2,
5 through 7, 10 through 15 and 19 through 24 under 35 U.S.C. §
3
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