Appeal No. 1997-1880
Application No. 08/370,222
The prior art references of record relied upon by the Examiner in rejecting the
appealed claims are:
Webb et al. (Webb) 4,577,060 Mar. 18, 1986
Jasinaki 5,070,329 Dec. 03, 1991
Admitted Prior Art (APA) in specification at figure 1.2
Claims 1-4, 8 and 10-12 stand rejected under 35 U.S.C. § 103 as being
unpatentable over APA in view of Jasinaki and Webb.
Rather than reiterate the conflicting viewpoints advanced by the Examiner and the
appellant regarding the above-noted rejections, we make reference to the Examiner's
Answer (Paper No. 28, mailed Oct. 17, 1996) for the Examiner's reasoning in support of
the rejections, and to the appellant's brief (Paper No. 27, filed Aug. 7, 1996) for the
appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the Examiner. As a consequence of
our review, we make the determinations which follow.
2Although the APA is not listed as being prior art relied upon in the Examiner's Answer, it is
nonetheless applied in rejecting the appealed claims.
3
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