Appeal No. 2000-1232
Application 09/114,954
amendment under 37 CFR § 1.116. Although the answer makes clear
that the examiner has reconsidered the rejection of claims 18-23
such as to indicate at the time of the answer that these claims
were considered allowable, the examiner correspondingly
maintained the position that claim 24 was still rejected under
35 U.S.C. § 102. Since both the examiner and appellants consider
claim 24 to remain active, we will treat it as the only claim in
this appeal.
Rather than repeat the positions of the appellants and the
examiner, reference is made to the brief and answer for their
respective positions.
OPINION
For the reasons generally set forth by the examiner at page
3 of the final rejection as amplified beginning at page 3 of the
answer, we sustain the rejection of claim 24 under 35 U.S.C.
§ 102 as being anticipated by Alt.
Page 6 of the brief indicates that all claims that
appellants consider to be on appeal, including claims 18-24, to
stand or fall together. On the other hand, however, appellants
3
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