Appeal No. 2001-2057
Application 09/155,574
under 35 U.S.C. § 102(b) as being anticipated by Fuchs.
Therefore, claims 2 through 5 and 7 through 9 stand or fall
with independent claim 1.
OPINION
In reaching our conclusion on the anticipation issue
raised in this appeal, this panel of the board has carefully
considered appellants’ specification1 and claim 1, the applied
patent to Fuchs, and the respective viewpoints of appellants
and the examiner. As a consequence of our review, we make the
determination which follows.
1 We are informed by appellants (specification, page 2)
that “[d]ocument WO 91/13281 describes a device including the
characteristics mentioned in the preamble of claim 1.” The
aforementioned is the published PCT document of the applied
Fuchs patent, as can be discerned from page 1 of the Fuchs
reference.
4
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