Appeal No. 1999-1489
Application No. 08/691,193
The reference applied in the final rejection is:
Kosik (German Application) 3140368 Jan. 5, 19831
A prior art publication cited herein is:
Welding Handbook, Sec. 3A, pp. 50.3 to 50.6, 50.11 to 50.14 and
50.30 to 50.33 (Am. Welding Socy. 1970) TS227.A5h
The appealed claims stand finally rejected as follows:
(1) Claim 7, unpatentable for failure to comply with 35 U.S.C.
§ 112, second paragraph;
(2) Claim 11, anticipated by Kosik, under 35 U.S.C. § 102(b);
(3) Claims 1 to 10, 12 and 13, unpatentable over Kosik, under 35
U.S.C. § 103(a).2
Rejection (1)
Claim 7 reads:
7. The method as defined in claim 5 wherein the plate is
1Our understanding of this reference is based on a
translation prepared by the PTO, a copy of which is forwarded
herewith to appellant. References in this decision to Kosik
by page and line are to this translation.
2In the final rejection and examiner’s answer, the
examiner stated that claims “1-10, 11 and 12" were rejected on
this ground, but it is evident from her subsequent discussion
(e.g., on page 4 of the final rejection) that claims 1 to 10,
12 and 13 were intended, and appellant has included claim 13
in his argument of the rejection.
2
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