Appeal No. 98-1971
Application 08/575,125
Based on the above determinations, we are compelled to
reverse the examiner's rejection of claims 1, 2, 5 through 7,
10 through 15 and 19 through 24 under 35 U.S.C. § 103 as being
unpatentable over Garelick in view of Moisan.
We have also reviewed the patents to Imbeault and Vasilev
applied by the examiner in the other § 103 rejections on
appeal. However, we find nothing in these references or in the
examiner’s additional comments regarding such references which
would supply that which we have noted above to be lacking in
the basic combination of Garelick and Moisan. Accordingly,
the examiner's rejections of claims 3, 4, 8, 9 and 16 through
18 on appeal under 35 U.S.C. § 103 will likewise not be
sustained.
As should be apparent from the foregoing, the decision of
the examiner rejecting claims 1 through 24 of the present
application is reversed.
Pursuant to 37 CFR § 1.196(b), we enter the following new
ground of rejection against claims 21 through 24 on appeal.
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