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.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007