Appeal No. 1997-3280
Application No. 08/212,065
Claims 7, 8, 10 and 11 stand rejected under 35 U.S.C.§
103(a) as being unpatentable over Spencer ‘783 or 1
Spencer ‘457.
Rather than attempt to reiterate the examiner’s full
statement with regard to the above noted rejections and
conflicting viewpoints advanced by the examiner and appellants
regarding the rejections, we make reference to the Examiner’s
Answer (Paper No. 20, mailed March 31, 1997) for the reasoning
in support of the rejections, and to Appellants’ Brief (Paper
No. 19, filed December 27, 1996) for the arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellants’ specification and claims,
1In the final rejection, the examiner applied the two
Spencer references as "Spencer et al.‘783 and Spencer ‘457."
However, by the substance of the examiner’s rejection, it
appears that the examiner’s intention was for the rejection to
state "Spencer et al. ‘783 or Spencer ‘457" where both
references are used in the alternative instead of cumulative.
Therefore, we have interpreted the examiner’s rejection to
read, "Spencer et al. ‘783 or Spencer ‘457."
4
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