Appeal No. 2000-1917
Application 09/076,863
Johnson 3,489,209 Jan. 13,
1970
Engler et al. (Engler) 1,103,944 Apr. 6,
1961
German Patent Document1
The prior art shown in Figures 8 through 10 and discussed on
specification pages 1 through 4 of the appellants’ disclosure
(the admitted prior art)
THE REJECTIONS
Claims 1, 6 and 8 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over the German reference in view of
Johnson.
Claims 7 and 10 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over the German reference in view of
Johnson and the admitted prior art.
Attention is directed to the appellants’ brief (Paper No.
12) and to the examiner’s answer (Paper No. 13) for the
respective positions of the appellants and the examiner with
regard to the merits of these rejections.2
1An English language translation of this reference, prepared by the United
States Patent and Trademark Office, is appended hereto.
2Since it has not been restated in the answer, the 35 U.S.C. § 112, second
paragraph, rejection set forth in the final rejection (Paper No. 7) is assumed to have
been withdrawn by the examiner in light of the amendments made subsequent to final
rejection (see Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957)).
3
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