Appeal No. 1997-2112
Application No. 08/398,831
Although not prior art, application 08/399,020 (now U.S.
Patent 6,004,027) is also at issue.
Claims 14-25, 27-32, and 34 stand rejected under 35
U.S.C.
§ 103 as being unpatentable over Dahbura.
Claims 14-25, 27-32, and 34 stand provisionally rejected
under 35 U.S.C. § 101 as claiming the same invention as that
of application 08/399,020.
We refer to the Final Rejection (Paper No. 5) and the
Examiner's Answer (Paper No. 12) for a statement of the
examiner's position and to the Brief (Paper No. 11) for
appellants’ position.
OPINION
The rejection over Dahbura
The examiner has rejected all claims under 35 U.S.C. §
103 as unpatentable over Dahbura. The statement of the1
rejection which includes independent Claims 14, 27, 32, and 34
is set forth on pages 5 and 6 of the Answer. Appellants
The examiner states that Claims 14-34 are rejected. (See Answer, page1
4.) The claim numbers are inconsistent with section (4) on page 2 of the
Answer, which correctly reflects that the amendment submitted November 19,
1996 (Paper No. 9) has been entered. The amendment canceled Claims 26 and 33.
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