Appeal No. 1998-0948
Application No. 08/198,343
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Claims 24-28, 31 and 32 stand rejected under 35 U.S.C. § 102 as being
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anticipated by Arnold. Claims 1-5, 7-13 and 15-22 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Arnold in view of Calle. Claims 8 and 9 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Arnold and Calle in view of Bentley.
Claim 32 also stands rejected under 35 U.S.C. § 103 as being unpatentable over Arnold.
Claims 29 and 30 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Arnold in view of Bentley. Claims 6 and 23 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Arnold in view of Calle.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the above-noted rejections, we make reference to the examiner's
answer (Paper No. 22, mailed Apr. 1, 1997) and the supplemental examiner's answer
(Paper No. 25, mailed Sep. 3, 1997) for the examiner's reasoning in support of the
rejections, and to the appellant's brief (Paper No. 21, filed Dec. 23, 1996) and reply
brief(Paper No. 23, filed Jun. 2, 1997) for the appellant's arguments thereagainst.
1We note that the examiner has listed claim 32 as being rejected under 35 U.S.C. § 102, but has
not specifically addressed the claim in this rejection. The examiner has also listed claim 32 as being
rejected under 35 U.S.C. § 103 and has addressed the claim in this rejection. Therefore, we will review
claim 32 as being rejected only under 35 U.S.C. § 103 over Arnold.
2We note that the examiner has listed claims 8 and 9 as being rejected under 35 U.S.C. § 103 over
Arnold and Calle, but did not specifically address these claims in the rejection. The examiner also listed
claims 8 and 9 as being rejected under 35 U.S.C. § 103 over Arnold, Calle and Bentley. In this rejection,
the examiner addressed the claims. Therefore, we will review claims 8 and 9 as being rejected under 35
U.S.C. § 103 over Arnold, Calle and Bentley.
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