Appeal No. 2000-2118
Application No. 08/995,139
The Examiner relies on the following references in rejecting
the claims:
Rosenberg 5,506,445 Apr. 9, 1996
Lee 5,821,615 Oct. 13, 1998
(filed Dec. 5, 1996)
Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Rosenberg in view of Lee.
We note that claims 1-5 were also rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Isaksson in view of Lee in
the final rejection (Paper No. 8, mailed July 21, 1999), which
was neither included nor argued in the answer. This other ground
of rejection is presumed to have been withdrawn by the Examiner
since it was not included in the Examiner’s answer. See Ex parte
Emm, 118 USPQ 180, 181 (Bd. App. 1957).
Rather than reiterate the viewpoints of the Examiner and
Appellants regarding the above-noted rejection, we make reference
to the answer (Paper No. 15, mailed July 17, 2000) for the
Examiner’s reasoning, and to the appeal brief (Paper No. 14,
filed June 21, 2000) and the reply brief (Paper No. 18, filed
August 16, 2000) for Appellants’ arguments thereagainst.
3
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007