Appeal No. 1997-0896
Application 08/141,610
being unpatentable over APA.
Claims 2, 18, 38, 40 through 44, 46 and 48 through 52
stand rejected under 35 U.S.C. § 103 as being unpatentable
over APA and Wilson.1
Rather than repeat the arguments of Appellant or the
Examiner, we make reference to the Brief and the Answer for
the details thereof.
OPINION
After a careful review of the evidence before us, we
agree with the Examiner that claims 33 through 36 are properly
rejected under 35 U.S.C. § 103. Thus, we will sustain the
rejection of these claims but we will reverse the rejection of
the remaining claims on appeal for the reasons set forth
infra.
At the outset, we note that Appellant has indicated on
page 6 of the brief the claims do not stand or fall together,
but are grouped as claims 1, 3 through 11, 13 through 27, 29
through 32, 37 and 45 as group I, claims 2, 38, 40 through 44,
46 and 48 through 52 as group II, and claims 33 through 36 as
The Examiner, in stating which claims stand rejected, frequently looses sight of the cancellation1
of claims 12, 28, 39 and 47.
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