Ex parte KOFFRON - Page 5




                Appeal No. 1997-4237                                                                                                    
                Application No. 08/665,992                                                                                              



                           over Petrushka in view of Ford, and further in view of Tenberg, and the 35                                   
                           U.S.C. ' 103 rejection of claims 9-12 as obvious over Petrushka in view of Ford,                             
                           and further in view of LaBate                                                                                

                        The examiner relies upon the secondary references of Tenberg and LaBate                                         
                regarding limitations in some of the dependent claims, and not for curing the                                           
                aforementioned deficiencies of Ford and Petrushka.  (Answer, pages 5 and 6).                                            
                        Because the aforementioned deficiencies of Ford and Petrushka are not cured by                                  
                the secondary references of Tenberg and LaBate, we reverse the 35 U.S.C. ' 103                                          
                rejection of claims 5, 17, and 18 as obvious over Petrushka in view of Ford, and further in                             
                view of Tenberg, and we reverse the 35 U.S.C. ' 103 rejection of claims 9-12 as obvious                                 
                over Petrushka in view of Ford, and further in view of LaBate.                                                          

                III.    SUMMARY                                                                                                         
                        The rejection of claims 1-12, 15, and 18 under 35 U.S.C. '112, paragraph 2 is                                   
                  reversed.                                                                                                             
                        The rejection of claims 1-4, 6-8, and 10 under 35 U.S.C. ' 102(b) as being                                      
                  anticipated by Ford is reversed.                                                                                      
                        The rejection of claims 1-4, 6-8, and 13-16 under 35 U.S.C. ' 103 as obvious over                               
                  Petrushka in view of Ford is reversed.                                                                                
                        The rejection of claims 5, 17, and 18 under 35 U.S.C. ' 103 as obvious over                                     
                  Petrushka in view of Ford, and further in view of Tenberg is reversed.                                                










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