Ex parte SMITH et al. - Page 11




          Appeal No. 1999-0348                                      Page 11           
          Application No. 08/663,471                                                  




               The appellants argue (brief, pp. 8-9, and reply brief, p.              
          3) that Laibow does not disclose or suggest an electrical                   
          heater assembly manufactured by the process of overmolding.                 


               The examiner's position (answer, p. 4) is that "Laibow                 
          shows all the structure recited."                                           


               In our view, the overmolding of the electrical heater                  
          assembly step recited in claim 14 defines a structural                      
          limitation (i.e., that the electrical heater assembly is                    
          overmolded) not disclosed by Laibow.  Since all the                         
          limitations of claim 14 are not disclosed by Laibow, the                    
          decision of the examiner to reject claim 14 under 35 U.S.C. §               
          102(b) is reversed.                                                         


          Claims 15 to 18                                                             
               Claims 15 to 18 depend from claim 14 and were rejected                 
          under 35 U.S.C. § 103 as being unpatentable over Laibow in                  
          view of Zeitoun.  We will not sustain this rejection.                       









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