Appeal No. 2000-0531
Application No. 08/782,151
In a footnote on page 4 of the answer, the examiner refers to U.S. Pat. No. 3,423,518
to Weagant. While the examiner has not relied upon this reference in the rejection , we note,2
for the record, that we find therein no teaching, and the examiner has pointed to none, which
would remedy the above-noted deficiency of the combination proposed by the examiner.
2Where a reference is relied on to support a rejection, whether or not in a "minor capacity," there would
appear to be no excuse for not positively including the reference in the statement of rejection. In re Hoch, 428 F.2d
1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
6
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