Appeal No. 1997-1383
Application No. 08/217,392
Claims 1 through 6, 8, 9, 12, 17, 24, 27 through 37, 41
through 45, 50, 57, and 60 through 71 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Nielsen in view
of Levine and Eight.
Rather than repeat the arguments of Appellants 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 1 through 6, 8, 9, 12, 17,
24, 29 through 37, 41 through 45, 50, 57, and 62 through 71
are properly rejected under 35 U.S.C. § 103(a). Thus, we will
sustain the rejection of these claims but we will reverse the
rejection of remaining claims on appeal (27, 28, 60 and 61)
for the reasons set forth infra.
At the outset, we note that Appellants have indicated on
page 5 of the brief that all claims do not stand or fall
together. Appellants have grouped the claims as follows:
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