Ex parte MACLEOD - Page 4




          Appeal No. 1998-1794                                                        
          Application 08/738,467                                                      

               Claims 9, 10, 12, 14, 15, 31, 32 , 39, 40, and 42 stand2                                      
          rejected under 35 U.S.C. § 102(b) as being anticipated by                   
          Hajec.                                                                      
               Claims 11, 33, and 34  stand rejected under 35 U.S.C.3                                                 
          § 103(a) as unpatentable over Hajec and MacLeod.                            
               Claims 13, 17, and 43 stand rejected under 35 U.S.C.                   
          § 103(a) as unpatentable over Hajec and Shirotori.                          
               Claims 16, 20, 21, 25, 27, 35-38 , and 41 stand rejected4                                      
          under 35 U.S.C. § 103(a) as unpatentable over Hajec and Rabe.               
               Claims 18 and 19 stand rejected under 35 U.S.C. § 103(a)               
          as unpatentable over Hajec and Yamashita.                                   




            The statement of the rejection in the Final Rejection2                                                                      
          refers to claims "31-31," which we interpret as a                           
          typographical error that should have read "31-32."  This is                 
          confirmed by the statement of the rejection in the Examiner's               
          Answer.                                                                     
            Claim 34 has not been rejected or indicated to be3                                                                      
          allowable.  Because claim 35, which depends on claim 34, has                
          been rejected, it is certain that claim 34 was intended to be               
          rejected.  We group it with the § 103(a) rejection over Hajec.              
          Since dependent claims 35-37 have been rejected over Hajec and              
          Rabe, this should not create a new ground of rejection.                     
            Claim 38 has not been rejected or indicated to be4                                                                      
          allowable.  We treat it with the § 103(a) rejection of its                  
          parent claim 35 over Hajec and Rabe.                                        
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