Appeal No. 99-0622 Page 4
Application No. 08/637,717
(German Patent document)5
The following rejections are before us for review.
1. Claims 42, 44 through 47 and 50 stand rejected under 35
U.S.C. § 102(b) as being anticipated by Leach.6
2. Claim 52 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Leach.
3. Claims 43 and 54 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Leach in view of Dalmaso.
4. Claims 25 through 27, 30, 31, 36, 37 and 39 stand
rejected under 35 U.S.C. § 103 as being unpatentable over
Leach in view of Brda.
5. Claims 28, 29 and 41 stand rejected under 35 U.S.C. § 103
as being unpatentable over Leach in view of Brda, as applied
above, and further in view of Dalmaso.
5 An English language translation of this reference, prepared by the
Patent and Trademark Office, is appended hereto.
6 We note that the filing date of this application is December 13, 1994,
its international filing date, under 35 U.S.C. § 363. Accordingly, the Leach
patent, which was not patented until July 5, 1994, is not available as prior
art to this application under 35 U.S.C. § 102(b). It is, however, available
as prior art under 35 U.S.C. § 102(e). Our treatment of this rejection in the
opinion section below will, thus, focus on whether Leach anticipates the
claims.
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