Appeal 1995-2560
Application 07/833,973
DECISION ON APPEAL UNDER 35 U.S.C. § 134
This is an appeal under 35 U.S.C. § 134 from an
examiner’s final rejection of Claims 15-17, 19, 22-30, 50-52,
and 70-83. The examiner has indicated that Claims 8, 31-35,
37, 38, 44-49, and 60-69 “are now allowable” (Examiner’s
Answer (Ans.), pages 1-2, bridging sentence). The
Examiner’s Answer does not mention the final rejection of
Claims 18, 20 and 21, the only other claims still pending in
the application. Therefore, we assume that the examiner did
not intend to maintain the final rejection of Claims 18, 20
and 21.
Introduction
Claims 15-17, 19, 22-30, 50-52 and 70-83 stand finally
rejected under 35 U.S.C. § 103 in view of the teaching of
Zaffaroni, U.S. Patent 3,998,974, patented December 21, 1976.
Contrary to the examiner’s statement that “Appellant’s brief
includes a statement that claims 8, 15-35, 37, 38, 44-52
and 60-83 do not stand or fall together” (Ans., p. 3, first
full para.), Appellants expressly stated, at least with
respect to
the examiner’s rejection of Claims 15-30, 50-52 and 70-83,
that “these claims stand or fall together” (Appellants’ Brief
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