Appeal No. 2000-0505
Application 08/856,743
the art to which it pertains, or with which it is most nearly
connected, to make and/or use the invention" (answer, page 3).
Claims 1 and 3 through 7 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Strong in view of Koch.
Claims 1, 3, 4 and 7 stand rejected under 35 U.S.C. § 103
as being unpatentable over Koch.
Claims 1, 3, 4, 7 and 10 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Cox.
The examiner includes an objection to the drawings on
page 3 of the examiner's answer. Such an objection is not an
appealable matter. Presumably, this objection is pertinent to
the 35 U.S.C. § 112, first paragraph, rejection of claim 10.
OPINION
We have carefully reviewed the rejections on appeal in
light of the arguments of the appellants and the examiner. As
a result of this review, we have come to the determination
that claim 10 is not drawn to subject matter which is not
enabled by the specification. We have further come to the
conclusion that the
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