Appeal No. 2001-0243
Application No. 09/001,285
Attention is directed to the appellant’s brief (Paper No.
7) and to the examiner’s final rejection and answer (Paper2
Nos. 5 and 8) for the respective positions of the appellant and
the examiner with regard to the merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 102(e) rejection of claims 1 through 4, 7
through 11, 13, 14 and 17 through 20 as being anticipated by Lu
For purposes of this appeal, the appellant (see page 3 in
the brief) has grouped the claims rejected on this ground into
two groups: (a) claims 1 through 4, 13, 14 and 17, and (b)
claims 7 through 11 and 18 through 20. In accordance with 37
CFR § 1.192(c)(7), we have selected claim 13 from the
first group and claim 8 from the second group and shall decide
the appeal as to the § 102(e) rejection on the basis of these
2The “corrections” incorporated into the copy of claims
18 and 20 appended to the brief, which are explained in the
footnotes on the last page of the appendix, have yet to be
formally proposed and entered. Consideration should also be
given to correcting an apparent omission of wording in the
last line of claim 11 and a lack of proper antecedent basis
for the term “said housing” in claim 12.
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