Appeal No. 1998-2806
Application No. 08/459,721
14, 1997) for the examiner's complete reasoning in support of
the rejections, and to appellants' brief (Paper No. 16, filed
July 21, 1997) and reply brief (Paper No. 18, filed January
16, 1998) for the arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellants' specification and claims,
to the applied prior art Destouet reference, to the purported
admission in appellants’ specification, and to the respective
positions articulated by appellants and the examiner. As a
consequence of our review, we have made the determinations
which follow.
Both of the examiner's prior art rejections of the
appealed claims are based on the determination by the examiner
that the entirety of the subject matter set forth on page 6,
lines 4 through 20 of the specification of appellants’
application constitutes an admission on the appellants’ part
that all of such subject matter is prior art. Like
appellants, after having reviewed the statements made at page
5
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