Ex parte GRIFFIN et al. - Page 9




                 Appeal No. 1999-1112                                                                                                               
                 Application No. 08/683,705                                                                                                         


                 shown in Figure 22.                                                                                                                



                                                                CONCLUSION                                                                          

                 We have not sustained the rejection of claims 1 and 3 under 35 U.S.C. 102(b) as anticipated by                                     

                 Nourney or Holland.  We have not sustained the rejection of claims 1-3 under 35 U.S.C. 102(b) as                                   

                 anticipated by Groupp or Eland or Fricke.  We have not sustained the rejection of claims 4-6 under 35                              

                 U.S.C. 102(b) as anticipated by Maloney or Nourney.  We also have not sustained the rejection of                                   

                 claims 7 and 8 under 35 U.S.C. 103 as unpatentable over either one of Maloney or Nourney in view of                                

                 Fishman nor have we sustained the rejection of claims 9 and 10 under                                                               

                 35 U.S.C. 112, first paragraph, as relying on an inadequate written description.                                                   

                 We have sustained the rejection of claims 1 and 3-6 under 35 U.S.C. 102(b) as anticipated by                                       

                 Wachi and we have sustained the rejection of claims 7 and 8 under 35 U.S.C. 103 as unpatentable                                    

                 over Wachi in view of Fishman.                                                                                                     

                 Accordingly, the examiner’s decision is affirmed-in-part.                                                                          

                 No time period for taking any subsequent action in connection with this appeal may be extended                                     

                 under 37 CFR § 1.136(a).                                                                                                           



                                                            AFFIRMED-IN-PART                                                                        


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