Appeal No. 1998-1819
Application No. 08/364,972
Claims 1-4 , 7, 10-12, 21, and 22 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Good and Sakamoto. Claims 3, 4, 7, 21, and 22 were rejected over the
applied combination in a new ground of rejection set forth in the Examiner’s Answer.
Claims 8 and 9 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Good, Sakamoto, and Rynne.
A rejection of claim 21 under 35 U.S.C. § 112, second paragraph was entered as
a new ground of rejection in the Answer, but withdrawn by the examiner upon entry of
appellants' amendment to the claim, filed Dec. 29, 1997.
Claims 5, 6, 13-20, and 23, subject to a restriction requirement, have been
withdrawn from consideration.1
We refer to the Final Rejection (Paper No. 15) and the Examiner's Answer (Paper
No. 23) for a statement of the examiner's position and to the Brief (Paper No. 22) and the
Reply Brief (Paper No. 25) for appellants’ position with respect to the claims which stand
rejected.
OPINION
1 The cover sheet of the Final Rejection and appellants’ “Status of Claims” section in the Brief and
Reply Brief, respectively, indicate that claims 15-20 have been rejected. However, no rejection has been
entered against the claims, and appellants did not reproduce claims 15-20 in the appendix of claims on
appeal. The Final Rejection, at page 2, appears to state the correct status of claims 15-20, i.e., that the
claims have been withdrawn from consideration.
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