Appeal No. 2000-1576
Application 09/169,179
the examiner’s rejection of claims 1 through 6 and 9 under 35
U.S.C. § 102(e) based on Ayres.
Regarding the examiner’s additional rejections of claims
7 and 8 under 35 U.S.C. § 103(a) based on Ayres alone or on
the collective teachings of Ayres and Bechtoldt, our
conclusion above that appellant has successfully removed Ayres
as a reference against the present application sounds the
death knell for these rejections as well. Accordingly, the
examiner’s further rejections of claims 7 and 8 under 35
U.S.C. § 103(a) will not be sustained.
In light of the foregoing, we have refused to sustain
each and every one of the examiner’s rejections before us on
appeal. Thus, the decision of the examiner to reject claims 1
through 6 and 9 of the present application under 35 U.S.C. §
102(e), claim
9
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