Appeal No. 2000-0180
Application No. 08/539,943
Claims 5 through 12 and 14 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Samson in view of Goy and
Sugawara.1
Rather than attempt to reiterate the examiner's full
commentary with regard to the above-noted rejections and the
conflicting viewpoints advanced by the examiner and appellant
regarding the rejections, we make reference to the examiner's
answer (Paper No. 21, mailed March 17, 1999) for the reasoning
in support of the rejections, and to appellant’s brief (Paper
No. 20, filed December 28, 1998) for the arguments
thereagainst.
OPINION
1Regarding the examiner’s final rejection of claim 7 under
35 U.S.C. § 112, second paragraph, in Paper No. 14 (mailed
March 18, 1998), it appears from appellant’s comments in the
brief (page 4) that this rejection is considered to be “not
under appeal” and that appellant has acquiesced in the
examiner’s position regarding the rejection and will at some
later point in time amend claim 7 to overcome the rejection.
Based on appellant’s comments, we consider that the appeal as
to this rejection has been withdrawn by appellant and that the
§ 112 rejection is not before us for review.
4
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