Appeal No. 1997-0606
Application No. 08/169,048
of rejection has been received. Accordingly, this appeal is
dismissed with respect to all such claims subject to the new
grounds of rejection [37 CFR § 1.193 as of the date of the
examiner’s answer]. Therefore, this appeal is dismissed with
respect to claims 6, 7, 9-11 and 16-29. The merits of the new
grounds of rejection against these claims have not been
considered in rendering this decision.
Claims 1-5, 8 and 12-15 remain on appeal before us.
These claims stand rejected under 35 U.S.C. § 102(b) as being
anticipated by the disclosure of Frost . 1
Rather than repeat the arguments of appellant or the
examiner, we make reference to the brief and the answer for
the respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the
evidence of anticipation relied upon by the examiner as
1The final rejection of claim 3 was only made under
35 U.S.C. § 103 based on the teachings of Frost, Beeson and
Heffernan. Therefore, this rejection under 35 U.S.C. § 102
was
a new ground of rejection against claim 3 although not
designated as such.
4
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