Appeal No. 1999-2064 Page 7
Application No. 08/619,853
patentable invention" as the claims under appeal is set forth
in the rejection section of the answer.
10. The file record of this application indicates that
the appellant filed a reply brief (Paper No. 22, filed April
17, 2000) responding to the examiner's answer of April 13,
2000.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, to the applied reference, and to the respective
positions articulated by the appellant and the examiner. As
a consequence of our review, we make the determinations which
follow.
35 U.S.C. § 103 Rejection based upon Mowry being prior art
under 35 U.S.C. § 102(g)3
3The appellant has not disputed the examiner's reliance
on claim 12 of Mowry being available as prior art under 35
U.S.C.
(continued...)
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