Appeal No. 1998-2598
Application No. 08/549,078
However, the examiner should consider anew whether Butts ‘231 is a reference, in
light of our determinations set forth in this opinion. Any rejection under 35 U.S.C.
§ § 102/103 which uses Butts ‘231 as a reference, and which asserts that the effective
filing date of Butts ‘231 is Oct. 5, 1998, must be supplemented by pointing out section 112
support in Ser. No. 07/254,463 for the patented invention of Butts ‘231. Any rejection
under 35 U.S.C. § § 102/103 which uses Butts ‘473 as a reference, and which asserts that
the effective filing date of Butts ‘473 is Oct. 5, 1998, must be supplemented by pointing out
section 112 support in Ser. No. 07/254,463 for the patented invention of Butts ‘473.
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