Appeal No. 1997-1266
Application 08/078,791
TuXuan (PCT/EP) WO 91/15036 Oct. 3, 1991
Claims 1 through 3, 5 through 9, 11, 12 and 15 through 24
stand rejected under 35 U.S.C. § 103 as being unpatentable
over TuXuan in view of DeLanty.
Rather than reiterate the arguments of Appellant and the
Examiner, reference is made to the brief and answer for the
respective details thereof.
OPINION
After a careful review of the evidence before us, we
agree with the Examiner that claims 1 through 3, 7, 8, 9, 12,
16, 17 and 22 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 claims 5, 6, 11, 15, 18 through
21, 23 and 24 for the reasons set forth infra.
At the outset, we note that Appellant has indicated on
page 7 of the brief that claims 1 through 3, 8, 9, 12, 16, 17
and 22 stand together, which we will indicate as group I and
select claim 1 as the representative claim. Also, Appellant
has indicated that claims 5, 6, 11, 15, 18 through 21 and 23
stand together, which we will indicate as group II and select
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