Appeal No. 1999-0757
Application No. 08/699,083
571 (CCPA 1982). Thus, the appellants’ affidavit evidence is of
no moment here.
In this light, we shall sustain the standing 35 U.S.C. § 103
rejection of claims 43 and 44 as being unpatentable over Garrett
in view of Buehler, Buehler in this instance being superfluous.
SUMMARY
The decision of the examiner to reject claims 17 through 19,
32, 36 and 39 through 44 is reversed with respect to claims 17
through 19, 32, 36 and 39 through 42, and affirmed with respect
to claims 43 and 44.
No period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
IAN A. CALVERT )
Administrative Patent Judge )
)
)) BOARD OF PATENT
NEAL E. ABRAMS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
JOHN P. McQUADE )
Administrative Patent Judge )
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