Appeal No. 2000-2024
Application No. 09/059,207
19.3
Rejection (3)
Hardigg discloses apparatus for welding the plastic jar
and cover of a battery, using a heating assembly 18. The
heating assembly 18 is attached to a crank 30, and is moved
horizontally by movement of shaft 54 of a piston-and-cylinder,
which causes the crank 30 to pivot about shaft 32. Vertical
movement of the heating assembly 18 is caused by vertical
movement of pneumatic or hydraulic activated rods or cables
52, 53 (col. 3, lines 14 to 32). The examiner concludes that
it would have been obvious, in view of Hardigg, to use a
pivoting means and pneumatic piston means to move Konaka's
receiver 85 instead of the camming means (142) disclosed by
Konaka (first action, page 4).
3Claims 14 and 19, like claims 9, 12, 13, 17 and 18, are
in multiple dependent form, but neither appellants nor the
examiner have treated them as such. Instead, they seem to
have treated them as being of their broadest possible scope,
e.g., claim 14 is treated as if it were dependent on claim 10,
only. Since appellants have not argued the multiple
dependencies separately (e.g., they have not argued that claim
14/11/10 or 14/12/10 is separately patentable from claim
14/10), we have treated them in the same manner.
We also note that some multiple dependent claims (e.g.,
claim 14) are improperly dependent on other multiple dependent
claims, contrary to 37 CFR § 1.175(c).
10
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