Appeal No. 98-3297
Application 08/564,044
Independent claim 3 is representative of the subject
matter on appeal and a copy of that claim may be found in the
Appendix to appellants’ brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Egli 3,751,736 Aug. 14,
1973
Lissau 4,309,781 Jan. 12,2
1982
Claim 3 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Egli. In both the final rejection (Paper
No. 9, page 2) and the examiner’s answer (Paper No. 16, page
2 While this reference was not separately listed by the examiner on page 3 of the
answer as “relied upon in the rejection of claims under appeal,” it is clear from a
review of the record that it is still being relied upon in the rejection of claim 4 on
appeal. The examiner’s failure to list this reference and the rejection of claim 4
under § 103 in the examiner’s answer appears to be an oversight based somehow on
appellants’ indication in the brief (page 4) that claims 3 and 4 “are to stand or fall
together.” Thus, we have considered both the Lissau reference and the rejection of
claim 4 relying thereon in deciding this appeal.
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