Appeal No. 2001-0372
Application 08/928,242
The references relied on by the Examiner are as follows:
Scott 3,604,805 Sept. 14, 1971
Keene 4,311,384 Jan. 19, 1982
Endo 4,632,543 Dec. 30, 1986
Gallivan 5,348,249 Sept. 20, 1994
Claims 1 through 3, 9, 10, 12 and 17 stand rejected under
35 U.S.C. § 103 as being unpatentable over Endo and Keene.
Claims 11, 13 and 18 through 20 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Endo and Keene and further in
view of Gallivan.
Rather then repeat the arguments of Appellant or Examiner,
we make reference to the brief and answer for the respective
details thereof.
OPINION
After a careful review of the evidence and arguments before
us, we agree with the Examiner that claims 1 through 3, 9, 10, 12
and 17 are properly rejected under 35 U.S.C. § 103. Thus, we
will sustain the rejection of these claims but we will reverse
the rejection of the remaining claims on appeal for the reasons
set forth infra.
At the outset, we note that Appellant has indicated on page
4 of the brief that the claims do not stand or fall together.
However, on pages 5 and 6 of the brief, we note that Appellant
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