Appeal No. 96-0712 Page 4
Application No. 08/015,756
The examiner relies on the following references:
Herbst 4,941,170 Jul. 10,
1990
Chen 5,090,049 Feb.
18, 1992
Gordon et al. [Gordon] 5,291,302 Mar. 1,
1994
(filed Oct. 2, 1992)
Claims 1 through 13 stand rejected under 35 U.S.C. 103.
As evidence of obviousness, the examiner cites Gordon with
regard to claims 1 through 10. The examiner cites Herbst in
view of Chen with regard to claims 12 and 13.
Rather than reiterate the arguments of appellant and the
examiner, reference is made to the brief and answer for the 2
respective positions of appellant and the examiner.
OPINION
We affirm.
At the outset, we note that although claim 11 is not
included in the statement of the rejection, we assume that the
examiner meant to include the claim in the rejection of claims
1 through 10 under 35 U.S.C. 103 over Gordon since the examiner
2When we refer to the “answer,” we refer to the answer of
June 8, 1999 (Paper No. 15), issued in response to our remand
of September 16, 1997 (Paper No. 14).
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