Appeal No. 1997-2139
Application No. 08/114,595
ISSUES
Claim 49 stands rejected under 35 U.S.C. § 103 as unpatentable over Muzyczka
and Drumm. Claims 1-6, 8-26, 29-34, 36-40 and 42-46 stand rejected under 35 U.S.C.
§ 103 as unpatentable over Haj-Ahmad and Muzyczka. Claims 7 and 35 stand rejected
under 35 U.S.C. § 103 as unpatentable over Haj-Ahmad and Muzyczka as applied to
claims 1-6, 8-26, 29-34, 36-40 and 42-46 and further in view of Post. Claims 27, 28
and 41 stand rejected under 35 U.S.C. § 103 as unpatentable over Haj-Ahmad and
Muzyczka as applied to claims 1-6, 8-26, 29-34, 36-40 and 42-46 and further in view of
Drumm. We sustain the rejection of claim 49 and reverse the rejections of claims 1-46
under § 103.
In reaching our decision in this appeal, we have given careful consideration to
the appellants' specification and claims and to the respective positions articulated by
the appellants and the examiner. We make reference to the examiner's answer (Paper
No. 13, mailed June 27, 1995) for the examiner's reasoning in support of the rejections
and to appellants' brief (Paper No. 12, filed March 28, 1995) for the appellants'
arguments thereagainst.
According to appellants, "[t]he claims stand or fall together within each of the four
individual rejections" (brief, p. 4). We therefore limit our discussion to claims 1, 7, 27
and 49. 37 CFR § 1.192(c)(5)(1994).
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