Appeal No. 1997-2849
Application No. 08/348,811
Rather than repeat the arguments of Appellant or the
Examiner, we make reference to the briefs and answers for the 1 2
respective details thereof.
OPINION
After a careful review of the evidence before us, we
agree with the Examiner that claims 1 through 7 are properly
rejected under 35 U.S.C. § 103. Thus, we will sustain the
rejection of these claims but we will reverse the rejection of
claim 8 on appeal for the reasons set forth infra.
At the outset, we note that Appellant states on page 5 of
the brief that claims 1 through 7 stand or fall together. We
1Appellant filed an appeal brief on October 15, 1996.
Appellant filed a reply brief on April 21, 1997. The Examiner
mailed an office communication on April 30, 1997 stating that
the reply brief has been entered and considered but no further
response by the examiner is deemed necessary. The Examiner
later filed a supplemental Examiner's answer in response to
the supplemental reply brief.
Appellant filed a second reply brief on July 10, 2000.
The Examiner mailed an office communication on August 11, 2000
stating that the second reply brief has been entered and
considered but no further response by the Examiner is deemed
necessary.
2The Examiner filed an Examiner's answer on
February 20, 1997. The Examiner filed a supplemental
Examiner's answer on May 8, 2000.
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