Appeal No. 1998-1714
Application No. 08/441,823
The references applied in the final rejection are:
Shiino et al. (Shiino)(Japanese Kokai) 6-271899 Sep. 27, 19941
Brochure, "’Glo-Germ’ can help you become a ’Germ Detective’!"
(Glo-Germ company, undated) (Glo-Germ) 2
An additional reference, applied herein in a rejection
pursuant to 37 CFR § 1.196(b), is:
Klisch et al. (Klisch) 4,554,098 Nov. 19, 1985
The claims on appeal stand finally rejected as follows:
(1) Claims 1, 3 to 7 and 9 to 17, unpatentable for failure to
comply with 35 U.S.C. § 112, second paragraph.
(2) Claims 1, 3 to 7 and 9 to 17, anticipated by Glo-Germ, under
35 U.S.C. § 102(b).
(3) Claims 13 to 17, anticipated by Shiino, under 35 U.S.C.
§ 102(b);3
1 In the final rejection, the claims were rejected over an
abstract of this reference (WPI 94-347698/43). This Board has
obtained the reference itself, and a translation thereof,
prepared for the USPTO, which we shall use in evaluating the
rejections. Copies of the reference and translation are
forwarded herewith to appellant.
2 This reference was submitted by appellant with a
Supplemental Information Disclosure Statement filed on
February 2, 1996. Although the reference is undated, appellant
has not contended that it is not available as prior art against
him.
3 Although the examiner specified § 102(b) as the
applicable statutory basis (final rejection, page 2), we will
treat the rejection as being under § 102(a), since Shiino was
published less than one year prior to appellant’s filing date.
2
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