Ex parte GLOVER - Page 8




            Appeal No. 1998-2482                                                                              
            Application No. 08/533,429                                                                        


            members deflecting away from each other as being new matter.  In any event, it is                 
            improper for the examiner to ignore claim limitations when applying prior art against the         
            claims under 35 U.S.C.  102 and/or 103.                                                          
                   We have sustained the rejection of claims 1, 2, 6, 7, 9, 10, 14, 15, 17 and 19 under       
            35 U.S.C.  102(b) but we have not sustained the rejection of claims 1-22 under 35 U.S.C.         
             112 or the rejection of claims 3-5, 8, 11-13, 16, 18 and 20-22 under 103.  Accordingly,         
            the examiner’s decision is affirmed-in-part.                                                      
                   No time period for taking any subsequent action in connection with this appeal may         
            be extended under 37 CFR  1.136(a).                                                               
                                            AFFIRMED-IN-PART                                                  




                         ERROL A. KRASS            )                                                          
                         Administrative Patent Judge  )                                                       
                                                   )                                                          
                                                   )                                                          
                                                   )   BOARD OF PATENT                                        
                         LEE E. BARRETT            )     APPEALS AND                                          
                         Administrative Patent Judge  )    INTERFERENCES                                      
                                                   )                                                          
                                                   )                                                          
                                                   )                                                          
                         ANITA PELLMAN GROSS     )                                                            
                         Administrative Patent Judge  )                                                       



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