Ex parte MOORE - Page 3




                     Appeal No. 2000-0506                                                                                                                                              
                     Application 08/979,592                                                                                                                                            


                     Von Herrmann (‘954)                                 1                      3,168,954                                  Feb.  9,                                    
                     1965                                                                                                                                                              
                     Von Herrmann (‘013)                                                                   3,591,013                                  Jul.                             
                     6, 1971                                                                                                                                                           
                     Drain                                                                      4,693,443                                  Sep. 15,                                    
                     1987                                                                                                                                                              
                     Cauffman et al. (Cauffman)                                                 5,048,782                                  Sep. 17,                                    
                     1991                                                                                                                                                              


                     Claims 1 through 3, 6, 8 through 10, 12 through 15 and 18                                                                                                         
                     stand rejected under 35 U.S.C. § 103 as being unpatentable                                                                                                        
                     over Von Herrmann (‘013) in view of Cauffman.                                                                                                                     


                     Claims 1 through 3, 6, 8 through 10, 12 through 15 and 18                                                                                                         
                     also stand rejected under 35 U.S.C. § 103 as being                                                                                                                
                     unpatentable over Drain in view of Von Herrmann (‘954) and                                                                                                        
                     Cauffman.                                                                                                                                                         


                     Reference is made to the answer (Paper No. 11, mailed                                                                                                             

                                1 While this reference has not been listed by the                                                                                                      
                     examiner on page 3 of the examiner’s answer as being part of                                                                                                      
                     the prior art relied upon in a rejection of the claims under                                                                                                      
                     appeal, we observe that it is readily apparent from the                                                                                                           
                     statement of rejection on pages 6 and 7 of the answer that the                                                                                                    
                     examiner is in fact relying on Von Herrmann (3,168,954) in a                                                                                                      
                     rejection of the claims on appeal. Thus, we have listed this                                                                                                      
                     reference as being relied upon.                                                                                                                                   
                                                                                          3                                                                                            





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