Appeal No. 2001-1274
Application No. 08/764,821
The references applied in the final rejection are:
Nashef et al. (Nashef) 4,786,287 Nov. 22, 1988
Levy et al. (Levy) 5,674,298 Oct. 07, 1997
The appealed claims stand finally rejected under 35 U.S.C.
§ 103(a) on the following grounds:
(1) Claims 70 to 80, 82 and 84 to 91, unpatentable over Levy;
(2) Claims 81, 83 and 92, unpatentable over Levy in view of
Nashef.
Appellants have not raised the question of whether the Levy
patent is a proper reference against them. Nevertheless, the
rejections in issue cannot be sustained, because Levy is not a
valid reference against appellants under 35 U.S.C. § 102/§ 103.
The instant application was filed under 37 CFR § 1.60 as a
divisional application of Application No.08/282,358, filed on
July 29, 1994.1 Since this date antedates the effective filing
date of the Levy patent, Oct.21, 1994, Levy does not constitute
prior art against appellants in the present case.
1We note that although the filing request filed with the
present application requested in part 5 that the specification be
amended to insert a reference to the parent application, no such
amendment has been entered.
2
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007