Ex parte CORRY - Page 3




                 Appeal No. 1996-3597                                                                                     Page 3                        
                 Application No. 08/050,825                                                                                                             


                 Waller et al. (Waller)                       4,683,028       1                            Jul. 28, 1987                                
                 Kaisha                              GB 2187995                                                     Sep. 23,                            
                 1987              Claims 1-5, 10-12 and 20 stand rejected under 35                                                                     
                 U.S.C.                                                                                                                                 
                  112, second paragraph as being indefinite for failing to                                                                             
                 particularly point out and distinctly claim the subject matter                                                                         
                 which appellant regards as invention.  Claims 1-5, 10-12 and                                                                           
                 20 stand rejected under 35 U.S.C.  103 as being unpatentable                                                                          
                 over Frahme and Adiletta in view of Hyde, Kaisha, Mutch and                                                                            
                 Waller.                                                                                                                                
                                                                     OPINION                                                                            
                          We have carefully considered all of the arguments                                                                             
                 advanced by appellant and the examiner and agree with                                                                                  
                 appellant that the aforementioned rejections are not well                                                                              


                          1Waller is not a listed applicant of U.S. Patent No.                                                                          
                 4,683,020, the patent number cited by the examiner and                                                                                 
                 applicant in the brief and answer, respectively.  Accordingly,                                                                         
                 we consider the references of appellant and the examiner to                                                                            
                 U.S. Patent No. 4,683,020 to represent an obvious and harmless                                                                         
                 error in that the underlying described teachings of the Waller                                                                         
                 reference are consistent with U.S. Patent No. 4,683,028, the                                                                           
                 patent cited on the Notice of References Cited (Form PTO-892,                                                                          
                 sheet 3) that accompanied the first office action (Paper No.                                                                           
                 2) mailed January 24, 1994.  For purposes of this appeal, any                                                                          
                 reference to Waller will be considered as a reference to U.S.                                                                          
                 Patent No. 4,683,028.                                                                                                                  







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