Appeal No. 2000-0030
Application No. 08/723,451
appeal obvious to one of ordinary skill in the art at the time
of appellants’ invention, we must refuse to sustain the
examiner’s rejection of those claims under 35 U.S.C. § 103.
It follows that the examiner’s rejection of dependent claims 2
through 5, 7, 8 and 10 under 35 U.S.C. § 103 will likewise not
be sustained.
Accordingly, the decision of the examiner to reject
claims 1 through 10 under 35 U.S.C. § 103 is reversed.
As for appellants’ assertions that the Been reference is
incomplete and should be removed or withdrawn as a reference,
we note that this reference is good for all it teaches or
suggests to one of ordinary skill in the art even though one
of the sheets of drawings may have been unavailable and thus
not supplied to appellants during prosecution of the present
application. We have secured a copy of the missing page of
drawings from the patented file of the Been patent and enclose
a copy thereof for appellants’ convenience.
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