Appeal No. 1997-3914
Application No. 08/384,457
Claims 9 through 15 stand rejected under 35 U.S.C. § 103
as being unpatentable over Gillick . 1
Rather than reiterate the arguments of Appellant and the
Examiner, reference is made to the brief, reply brief , answer 2
and supplemental answer for the respective details thereof.3
OPINION
After a careful review of the evidence before us, we
agree with the Examiner that claims 9 through 14 are properly
rejected under 35 U.S.C. § 103. Thus, we will sustain
the rejection of these claims but we will reverse the
rejection of claim 15 on appeal for the reasons set forth
infra.
At the outset, we note that Appellant has indicated on
page 3 of the brief the claims stand or fall together in two
1Although claim 15 is not indicated in the statement of
the statutory basis of the rejection (both in the final
rejection and the Examiner’s Answer), the rejection of claim
15 has been argued by both Appellant and the Examiner in all
appeal documents, and is clearly understood as being included
in the final rejection.
2A second reply brief, paper no. 50 was denied entry and
will not be considered by us.
3The supplemental answer, paper no. 49, is labeled
“Response to Reply Brief”.
3
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