Appeal No. 2000-0293 Page 9
Application No. 08/766,862
This application is remanded to the Primary Examiner for
consideration of the patentability of claims 2 through 7 and 9
through 17 in view of the teachings of Grusin alone or in combination
with other relevant prior art references.
In summary:
(1) The examiner’s rejection of claims 1 and 4 through 17 under
35 U.S.C. § 112, second paragraph, is not sustained.
(2) The examiner’s rejection of claims 2 and 3 under 35 U.S.C.
§ 112, second paragraph, is sustained.
(3) The examiner’s rejection of claims 1, 2, 4 through 8, and
12 through 17 under 35 U.S.C. § 103 as being unpatentable over
Martire in view of Gatt and Grusin is not sustained.
(4) The examiner’s rejection of claims 3 and 9 through 11 under
35 U.S.C. § 103 as being unpatentable over Martire, Gatt and Grusin
and further in view of Coon is not sustained.
(5) Claims 1 and 8 are rejected pursuant to our authority under
37 CFR § 1.196(b).
(6) The application is remanded to the examiner.
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