Appeal No. 1999-2789
Application No. 08/805,633
Having considered the evidence provided by the teachings
in Kamiya and the arguments of appellants and the examiner,
for the reasons stated above, we will sustain the examiner's
rejection of appellants' representative claim 140 under 35
U.S.C. § 102(b). Given appellants' grouping of the claims
(brief, page 6), we also sustain the standing § 102(b)
rejection of independent claim 94 and claims 95 and 104 which
depend therefrom, since those claims fall with independent
claim 140.
In summary: the decision of the examiner to reject claims
94, 95, 104 and 140 under 35 U.S.C. § 102(b) based on Kamiya
is affirmed.
No period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
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