Appeal No. 1996-4124
Application No. 08/307,088
Rather then reiterate the arguments of Appellant and the
Examiner, reference is made to the briefs and the answers for 3 4
the respective details thereof.
OPINION
After careful review of the evidence before us we agree
with the Examiner’s rejection of claims 20, 21, 26, 28 and 29
under
35 U.S.C. § 103. However, we will not sustain the rejection
of claims 16 through 19, 22, 25, and 27 under 35 U.S.C. § 103.
At the outset, we note that Appellant states on
pages 6 and 7 of the appeal brief (brief) that for the
rejection based upon 35 U.S.C. § 103 based upon Hahn and
Loehrke, claims
28 and 29 should be separately considered. 37 CFR §
1.192(c)(7) (July 1, 1995) as amended at 60 Fed. Reg. 14518
3Appellant filed an appeal brief on October 27, 1995.
Appellant filed a reply brief in response to the Examiner’s
new grounds of rejection on April 15, 1996.
4The Examiner mailed an Examiner’s answer on February 23,
1996. On July 12, 1996, the Examiner mailed a supplemental
Examiner’s answer addressing Appellant’s arguments in the
reply brief.
6
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