Appeal No. 2000-1576
Application 09/169,179
No. 15, filed February 10, 2000) and reply brief (Paper No.
17, filed May 23, 2000) for the arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellant’s specification and claims,
to the applied prior art references, to the declaration filed
by Mr. Lackler under 37 CFR § 1.132 (Paper No. 6) and to the
respective positions articulated by appellant and the
examiner. As a consequence of our review, we have made the
determinations which follow.
With regard to the rejection of claim 1 under 35 U.S.C.
§102(b) relying on Bechtoldt, it is the examiner’s position
that
discrepancy and leave it to the examiner and appellant to
resolve this problem during any further prosecution of the
application subsequent to the appeal.
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