Appeal No. 2000-1327
Application No. 08/402,624
Claims 4, 10 and 16 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Johnson in view of Shindo, and further in
view of Cloutier.
Claims 1-3, 5-9, 11-15, 17 and 18 stand further rejected
under 35 U.S.C. § 103 as being unpatentable over Johnson in view
of Salmon.
Reference is made to appellant’s brief (Paper No. 20) and to
the examiner’s answer (Paper No. 24) for the respective positions
of appellant and the examiner regarding the merits of these
rejections.
Discussion
As a preliminary matter, we note that two declarations by
inventor Lonnie G. Johnson have been submitted. The first
Johnson declaration (Johnson I), signed on November 20, 1998, was
submitted on December 11, 1998, as part of appellant’s response
(Paper No. 17) on that date. The second Johnson declaration
(Johnson II), signed on August 6, 1999, was submitted on August
13, 1999, as an attachment to appellant’s brief on appeal (Paper
No. 20). The Johnson I and Johnson II declarations appear to be
the same, with the exception of paragraph 7. More specifically,
paragraph 7 of Johnson II includes a table of sales figures that
is not included in paragraph 7 of Johnson I. A review of the
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