Appeal No. 98-2122 Page 2
Application No. 08/607,886
Andrew J. Keenan (the appellant) appeals from the final
rejection of claims 1-8, 10-14 and 18-24, the only claims
remaining in the application.
We REVERSE and, pursuant to our authority under the
provisions of 37 CFR § 1.196(b), enter new rejections of claims
1, 2 and 18 under 35 U.S.C. § 102(b) and claims 1-5, 12-14 and
18-24 under 35 U.S.C. § 103.
The references relied on by the examiner are:
Pickett 4,111,401 Sep. 5,
1978
Myers et al. (Myers) 5,202,132 Apr. 13,
1993
Additional references of record relied on by this merits
panel of the Board are:2
Hilsey 4,290,246 Sep. 22,
1981
Collins 5,404,685 Apr. 11,
1995
(filed Aug. 31, 1992)
Claims 1, 2, 4-7 and 18 stand rejected under 35 U.S.C.
2"Although no "Notice of References Cited by Examiner"
(PT0-892) is present in parent application Serial No.
08/323,882, the references to Hilsey and Collins were
apparently made of record (but not relied on) in the Office
action dated July 14, 1995 (Paper No. 3) of the parent
application.
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