Appeal No. 1999-2064 Page 3
Application No. 08/619,853
BACKGROUND
1. The file record of this application indicates that in
the final rejection (Paper No. 12, mailed November 9, 1998)
claims 29-48 were rejected under 35 U.S.C. § 103(a) as being
unpatentable over U.S. Patent No. 5,197,765 to Mowry, Jr. et 2
al. (hereafter "Mowry"). This rejection was maintained in the
Examiner's Answer (Paper No. 15, mailed January 11, 1999).
2. The file record of this application indicates that on
pages 4-5 of the brief (Paper No. 14, filed November 30, 1998)
the appellant argued that
[i]t appears in making this rejection that the Mowry
reference was considered in its entirety as prior art,
when in fact [it] is not. Attention is directed to the
Declaration under 37 CFR 1.132 filed in the parent
application (a copy, with attachments, was enclosed in
this case).
The appellant then stated that only claim 12 of Mowry may be
considered prior art and that the application of the entire
Mowry reference as prior art is erroneous.
2Issued March 30, 1993 based upon Application No.
07/729,363, filed July 12, 1991.
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