Appeal No. 1998-1258 Page 7
Application No. 08/442,676
course, is not a proper basis for a rejection under 35 U.S.C. § 103. See In re Fritch, 972
F.2d 1260, 1264, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992).
The shortcomings we have found in the combination of Boyhan and Ulveling are not
alleviated by considering Cocozza, which further was cited with regard to dependent claim
23, or Schaefer, which was added with regard to dependent claims 20 and 26-29.
We therefore will not sustain the rejection of independent claim 17 or, it follows, of
dependent claims 18-29.
SUMMARY
None of the rejections are sustained.
The decision of the examiner is reversed.
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