Ex parte GAPCO - Page 6




          Appeal No. 1999-1480                                                        
          Application No. 08/523,330                                                  


               Claims 68 and 69 stand rejected under 35 U.S.C. § 103(a)               
          as being unpatentable over McRae in view of Linsalato as                    
          applied to claim 63, and further in view of Schmalz.                        


               Rather than attempt to reiterate the examiner’s full                   
          commentary with regard to the above-noted rejections and the                
          conflicting viewpoints advanced by the examiner and appellant               
          regarding the rejections, we make reference to the final                    
          rejection (Paper No. 26, mailed June 9, 1998) and the                       
          examiner’s answer (Paper No. 29, mailed December 22, 1998) for              
          the reasoning in support of the rejections, and to appellant’s              
          brief (Paper No. 28, mailed October 9, 1998) for the arguments              
          thereagainst.                                                               


                                       OPINION                                        


               As a preliminary matter, we note that on page 7 of the                 
          appeal brief appellant “solicits the independent consideration              
          of the independent claim in each group (Claim 52, Claim 57,                 
          Claim 63), and additionally of Claims 65 and 66.”                           
          Accordingly, we specifically address in our discussions below,              
                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007