Appeal No. 2000-0076
Application 08/970,231
to particularly point out and distinctly claim the subject
matter the appellants regard as the invention.
Claims 1, 4, 5, 8, 9, 12 and 15 through 44 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Biffis in
view of Rizk.
Claims 2, 3, 6, 7, 10, 11, 13 and 14 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Biffis in view
of Rizk and the two Chief Industries brochures.
Attention is directed to the appellants’ main and reply
briefs (Paper Nos. 31 and 34) and to the examiner’s final
rejection and answer (Paper Nos. 19 and 32) for the respective
positions of the appellants and the examiner with regard to
the merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 112, second paragraph, rejection of claims
12, 17 through 20, 23 and 28 through 38
The 35 U.S.C. § 112, second paragraph, rejection of
claims 12, 17 through 20, 23 and 28 through 38 has not been
argued by the appellants in the briefs or restated by the
examiner in the answer. This failure to address the rejection
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