Appeal No. 2001-0669
Application No. 09/198,637
rejection of claim 1 under 35 U.S.C. § 102(b) as being
anticipated by Samuels.
Concerning the § 103 rejections of dependent claims 2-6
further in view of Gregory, Ho, MacMorran or Matthews, even if
we accept the examiner’s position that it would have been
obvious to modify the sleeve of Samuels to provide therein the
additional features called for in the dependent claims, the
modified sleeve still would not necessarily be capable of
functioning in the manner called for in base claim 1.
Accordingly, the standing rejection of claims 2-6 also cannot be
sustained.
The decision of the examiner is reversed.
REVERSED
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