Appeal No. 1997-3919
Application 08/392,160
Thus, 37 C.F.R. § 1.192 provides that this board is not under
any greater burden than the court which is not under any
burden to raise and/or consider such issues. Therefore, we
are not required to raise and/or consider such issues.
In view of the foregoing, the decision of the Examiner
rejecting claim 5 under 35 U.S.C. § 103 is affirmed; however,
the decision of the Examiner rejecting claims 1 through 4
under 35 U.S.C. § 103 is reversed. In addition, the decision
of the Examiner rejecting claims 1 through 4 under 35 U.S.C. §
112, first paragraph, is reversed.
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