Appeal No. 1997-0534
Application 08/171,904
assertion. Without such evidence, the obviousness rejection
of claim 1 over Wijeyesekera is not sustained. For the same
rationale, the obviousness rejection of claims 2, 4, 5 and 7
to 9 over Wijeyesekera is also not sustained as they all
contain the same, or corresponding, limitations.
In conclusion, we reverse the Examiner’s final rejection
of claims 1, 2, 4, 5 and 7 to 9 under 35 U.S.C. § 112, second
paragraph as well as under 35 U.S.C. § 102 and under 35 U.S.C.
§ 103.
REVERSED
JERRY SMITH )
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