Appeal No. 1999-2035 Page 3
Application No. 07/772,698
Claims 32 through 35 stand rejected under 35 U.S.C. § 103
as being unpatentable over Grant in view of Bourgin.
Claims 36 and 37 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Grant in view of Bourgin as applied to
claim 32 and further in view of Healy.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellant regarding the above-noted
rejections , we make reference to the answer (Paper No. 19,3
mailed November 3, 1994) and the response to the reply brief
(Paper No. 21, mailed March 30, 1995) for the examiner's
complete reasoning in support of the rejections, and to the
brief (Paper No. 18, filed June 23, 1994) and reply brief
(Paper No. 20, filed January 3, 1995) for the appellant's
arguments thereagainst.
3Since the other grounds of rejection set forth in the
final rejection (Paper No. 16, mailed January 26, 1994) were
not set forth in the examiner's answer we assume that these
other grounds of rejection have been withdrawn by the
examiner. See Ex parte Emm, 118 USPQ 180, 181 (Bd. App.
1957).
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