Ex parte HARDING et al. - Page 3




                 Appeal No. 1999-2099                                                                                                                   
                 Application No. 08/475,627                                                                                                             


                 following grounds:2                                                                                                                    





                 (1) Claims 1, 4 to 9 and 14, anticipated by AAPA under 35                                                                              
                 U.S.C.102(b);3                                                                                                                         
                 (2) Claims 1 to 12, 14 to 16 and 18 to 22, unpatentable over                                                                           
                 AAPA in view of Groenteman, Kawamura, Dietrich or Lobiondo,                                                                            
                 under                                                                                                                                  
                 35 U.S.C. § 103(a);                                                                                                                    
                 (3) Claims 13 and 17, unpatentable over AAPA in view of                                                                                
                 Groenteman, Kawamura, Dietrich or Lobiondo, further in view of                                                                         
                 Hemming or Nagai, under 35 U.S.C. § 103(a).                                                                                            
                 Rejection(1)                                                                                                                           

                          2The examiner also rejected claims 1 to 22 under § 112,                                                                       
                 second paragraph, and claims 4, 6 and 7 under § 112, first                                                                             
                 paragraph.  Both rejections are deemed withdrawn, since (1)                                                                            
                 the examiner states on page 8 of the answer that the                                                                                   
                 rejections of "claims 4-7" under § 112, first and second                                                                               
                 paragraphs are withdrawn, and (2) the rejection of claims 1 to                                                                         
                 22 is not repeated in the examiner's answer.  Ex parte Emm,                                                                            
                 118 USPQ 180 (Board of Appeals 1957).                                                                                                  
                          3A rejection of claims 2 and 3 on this ground in the                                                                          
                 final rejection is withdrawn on page 10 of the examiner's                                                                              
                 answer.                                                                                                                                
                                                                           3                                                                            





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