Appeal No. 1998-2571
Application No. 08/515,383
Rather than repeat the positions and the arguments of
Appellant or the Examiner, we make reference to the briefs1
and the answer for their respective positions.
OPINION
We have considered the rejections advanced by the
Examiner. We have, likewise, reviewed Appellant's arguments
against the rejections as set forth in the briefs.
It is our view, after consideration of the record before
us, that the rejection of claims 26 to 28, 31 to 33 and 35
under
35 U.S.C. § 102 is sustained. The rejection of claims 34, 36
and 37 under 35 U.S.C. § 102 is not sustained. Also, the
rejection of claims 29 and 30 under 35 U.S.C. § 103 is
improper and reversed. Accordingly, we affirm-in-part. In
addition, under
37 CFR § 1.196(b), we reject claims 29 and 30 under 35 U.S.C.
1A reply brief was filed as paper no. 24 whose entry was
approved by the Examiner without any response [paper no. 25].
3
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