Appeal No. 2000-1402
Application No. 08/755,052
cannot be the basis for a finding of obviousness within the
meaning of 35 U.S.C. 103.
We have sustained the rejection of claims 1, 2, 5 and 7
under 35 U.S.C. 102(b) and we have sustained the rejection of
claims 1, 2, 4, 5, 11 and 12 under 35 U.S.C. 102(e) but we have
not sustained the rejection of claims 3, 7-9 and 13-15 under
35 U.S.C. 103.
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
ERROL A. KRASS )
Administrative Patent Judge )
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