Ex Parte TRICK - Page 17



          Appeal No. 2001-1306                                      Page 17           
          Application No. 08/100,019                                                  

          the application to the examiner pursuant to 37 CFR § 1.196(a) to            
          consider the following issues and to take appropriate action.               
               The declarations under 37 CFR § 1.131 were determined by the           
          Examiner to have overcome the following references:                         
                    Spector             4,994,832      Feb. 19, 1991                  
                    (Spector ‘832)           (filed Jan. 2, 1990)                     
                    Spector             5,111,224      May 5, 1992                    
                    (Spector ‘224)           (filed Feb. 7, 1991)                     
                    Olson               5,142,311      Aug. 25, 1992                  
                                             (filed Jul. 8, 1991)                     
                    Kirkendall          5,187,512      Feb. 16, 1993                  
                                             (filed Oct. 21, 1990)                    
                    Wheeler             5,189,467      Feb. 23, 1993                  
                                             (filed Jun. 27, 1991)                    
               Upon return of the application, the examiner is expected to            
          review and reevaluate the effectiveness of the § 1.131                      
          declarations in removing the Spector ‘224, Spector ‘832, wheeler,           
          Olson and Kirkendall references.  In so doing, we suggest that              
          the examiner rely on the information as set forth in 37 CFR                 
          §§ 1.131 and 1.601(n) for the details of the requirements under             
          these provisions.                                                           
                                     DISCUSSION                                       
               The examiner rejected the original claims 1 through 7 under            
          35 U.S.C. § 102(e) as anticipated by Wheeler and [or] Olson in a            






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