Appeal No. 1996-2163
Application 08/106,541
As to the various art rejections, we have reversed the rejections under 35 USC §§
102 and 103 of claims 17-26 as being anticipated by Ishii or Senne, respectively, including
all combinations of references applied for their respective dependent claims under 35
USC § 103. On the other hand, we have sustained the rejection of claims 27-29 under 35
USC § 102 as being anticipated by Ishii, and we have also sustained the rejection of claim
27 under 35 USC §102 as being anticipated by Senne. We have sustained the rejection
of claims 30 and 32 under 35 USC § 103 over Ishii and Kobayashi. We have reversed the
rejection of claim 31 under 35 USC § 103 in light of the collective teachings of Ishii in view
of Pfister or Leon. We have sustained the rejection of claims 28 and 29 under 35 USC §
103 in light of the collective teachings of Senne and Novak as well as the rejection of
claims 30 and 32 in light of the additional teachings added to these references by
Kobayashi.
Under the provisions of 37 CFR § 1.196(b) we have instituted a new ground of
rejection of claim 18 under the written description portion of the first paragraph of 35 USC
§ 112. We have also instituted a new ground of rejection of claim 31 under 35 USC § 103
in light of the collective teachings of Senne in view of Novak.
Therefore, the decision of the examiner rejecting the claims on appeal under
various statutory bases is affirmed-in-part.
In addition to affirming the examiner’s rejection of one or more claims, this decision
contains a new ground of rejection pursuant to 37 CFR § 1.196(b) (amended effective
Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203 Off.
Gaz. Pat. & Trademark Office 63,122 (Oct. 21, 1997)). 37 CFR
19
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