Appeal No. 1998-3385 Application No. 08/601,551 the second group. This claim is rejected on the same basis as claims 30-37 and 42-43. As discussed above, the Examiner fails to9 provide motivation for combining Borovoy, Vu/Post, Woolsey, and Lisle. Therefore, the rejection of claim 40 on this combination must fail. In view of the foregoing, we have not sustained the rejection of claims 30, 40, and 42-43 nor of claims 31-37 which depend from claim 30. Accordingly, the Examiner's decision is reversed. REVERSED ERROL A. KRASS ) Administrative Patent Judge ) 9 While paragraph 1, page 3 of the answer lists claim 40 as being rejected over Borovoy in view of Woolsey, Lisle, and Vu/Post, the record fails to reflect a discussion of the elements of claim 40. Likewise, the final rejection mailed August 12, 1997, fails to provide a basis for the rejection. The initial office action mailed January 2, 1997 rejects claim 40 on the same basis as that provided for claims 30-37. However, as claim 40 differs significantly in scope from claims 30-37 and 42-43, the basis of the rejection for this claim remains unclear. 13Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007