Appeal No. 2000-0467
Application 08/511,645
Rejections at Issue
Claims 1 through 3, 5, 6, 10 through 22, 24 and 25 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Berry.
Claims 4, 23 and 26 through 28 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Berry and Owens.
Before us for our consideration are Appellant’s Brief and
Reply Brief1 as well as the Examiner’s Answer.
OPINION
After a careful review of the evidence before us, we agree
with the Examiner that claims 1 through 6 and 10 through 25 are
properly rejected under 35 U.S.C. § 103. Thus, we will sustain
the rejection of these claims but we will reverse the rejection
of the remaining claims 26 through 28 on appeal for the reasons
set forth infra.
First, we will consider the rejection of claims 1 through 3,
5, 6, 10 through 22, 24 and 25 under 35 U.S.C. § 103 as being
unpatentable over Berry. With regards to Appellant’s grouping of
1 Appellant filed an Appeal Brief, on July 12, 1999.
Appellant then filed a Substitute Appeal Brief (hereinafter
referred to as the Brief) on September 8, 1999. Appellants filed
a Reply Brief on November 15, 1999. The Examiner mailed an
office communication on November 29, 1999 stating that the reply
brief has been entered.
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