Appeal No. 1997-0440
Application No. 08/582,237
The Examiner relies on the following references:
Veranth 3,822,408 Jul. 2, 1974
Beaudette 3,999,084 Dec. 21, 1976
Claim 5 stands rejected under 35 U.S.C. § 112, second
paragraph. Claims 1, 2, and 5 to 7 stand rejected under
35 U.S.C. § 102 over Beaudette or Veranth.
Rather than repeat in toto the positions and the
arguments of Appellant or the Examiner, we make reference to
the brief and the answer for their respective positions.1
OPINION
We have considered the rejections advanced by the
Examiner. We have, likewise, reviewed Appellant’s arguments
against the rejections as set forth in the briefs.
We affirm.
1Our decision is based on the corrected answer [paper no.
19]. This case was remanded [paper no. 18] to the Examiner
for clarification of his position. In the corrected answer,
the Examiner withdrew some of the rejections, but did not
introduce any new rejections. Appellant did not file any
response to the new Examiner’s answer. We have found that
Appellant had indeed argued in his brief before the remand
[paper no. 16] the rejections which the Examiner has
maintained in his corrected answer. Thus, we consider the
Appellant’s brief filed before the remand in making this
decision.
3
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