Appeal No. 1998-3413
Application No. 08/512,782
claimed subject matter as set forth in claims 1, 2 and 13
through 17 on appeal.
Appellant's arguments concerning secondary
considerations, like commercial success, are of no moment with
respect to the rejection of claim 7 under 35 U.S.C. 102(b) and
have not been considered with respect thereto. See In re
Fracalossi, 681 F.2d 792, 793-94, 215 USPQ 569, 570 (CCPA
1982) and In re Malagari, 499 F.2d 1297, 1302, 182 USPQ 549,
553 (CCPA 1974).
To summarize, we have reversed the examiner’s rejection
of claims 3 through 6 and 37 under 35 U.S.C. § 102(b) based on
Coleman, but have affirmed the rejection of independent claim
7 on that basis. We have also affirmed the examiner’s
rejection of claims 1 and 2 under 35 U.S.C. § 103(a) based on
Coleman and that of claims 13 through 17 based on Coleman and
the state of the art. However, we have refused to sustain the
examiner’s rejection of claim 11 under 35 U.S.C. § 103(a)
based on Coleman and the examiner’s rejections of claims 18
through 25 under
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