Appeal No. 1997-3211
Application No. 08/457,789
Examiner, reference is made to the Briefs and Answer for the 1
respective details.
OPINION
We have carefully considered the subject matter on
appeal, the rejections advanced by the Examiner, and the
evidence of anticipation and obviousness relied upon by the
Examiner as support for the rejections. We have, likewise,
reviewed and taken into consideration, in reaching our
decision, Appellants’ arguments set forth in the Brief along
with the Examiner’s rationale in support of the rejections and
arguments in rebuttal set forth in the Examiner’s Answer.
It is our view, after consideration of the record before
us, that the Affidavit under 37 CFR § 1.131 filed August 30,
1995, by Appellants is effective to overcome the Farrell
reference since it establishes conception and reduction to
practice of the invention before the effective date of the
1The Appeal Brief was filed October 4, 1996. In response
to the Examiner’s Answer dated December 16, 1996, a Reply
Brief was filed February 18, 1997, which was acknowledged and
entered by the Examiner without further comment on April 18,
1997.
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