Appeal No. 1997-0809
Application 08/033,599
Jolissaint et al. (Jolissaint) 5,276,440 January 4,
1994
(filed May 6,
1991)
Dev et al. (Dev) 5,504,921 April 2,
1996
(effective filing date
September 17, 1990)
Claims 9, 12, and 13 stand rejected under 35 U.S.C.
§ 102(e) as being clearly anticipated by Jolissaint.
Claims 5-8 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Jolissaint.
Claims 1, 3, and 4 stand rejected under 35 U.S.C. § 103
as being unpatentable over Jolissaint and Dev. This is a
new ground of rejection entered in the Examiner's Answer.
We refer to the Final Rejection (Paper No. 10), the
Examiner's Answer (Paper No. 19) (pages referred to as
"EA__"), and the Supplemental Examiner's Answer (Paper
No. 21) (pages referred to as "SEA__") for a statement of
the Examiner's position. We refer to the substitute Appeal
Brief filed January 26, 1996 (Paper No. 18) (pages referred
to as "Br__") and the Reply Brief (Paper No. 20) (pages
referred to as "RBr__") for a statement of Appellants'
arguments thereagainst.
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