Appeal No. 1998-2262
Application 08/745,303
103 rejection of claims 77 through 79, 82 through 84 and 86 as
being unpatentable over Saisaka in view of Tanzer or the
standing 35 U.S.C. § 103 rejection of claims 80, 81, 85
and 87 through 90 as being unpatentable over Saisaka in view
of Tanzer and Horney.
As correctly pointed out by the appellants (see pages 17
through 19 in the brief), the effective filing date (June 21,
1994) of the instant application, and thus of the subject
matter recited in claims 77 through 90, is earlier than the
effective filing dates of the Saisaka (February, 21, 1995) and
Horney (October, 31, 1995) patents. Consequently, these
patents are not prior art with respect to the subject matter
recited in claims 77 through 90. As a result, the examiner’s
conclusions of obviousness which are predicated on these
patents must fall.
In summary, the decision of the examiner to reject claims
33 through 90 under 35 U.S.C. § 103 is affirmed with respect
to claims 64 through 76 and reversed with respect to claims 33
through 63 and 77 through 90.
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