Appeal No. 2001-1473
Application 08/946,736
The items relied on by the appellant as evidence of non-
obviousness are:
The 37 CFR § 1.132 Declaration of David A. Bernard
filed December 3, 1998 as part of Paper No. 8 (Bernard
I)
The 37 CFR § 1.132 Declaration of David Bernard filed
June 2, 1999 as part of Paper No. 12 (Bernard II)
THE REJECTIONS
Claims 15, 16 and 28 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Christian.
Claims 17, 19, 27, 29 and 30 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Christian in view of Wiand.
Claim 31 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Christian in view of Wiand and Liss.
Attention is directed to the appellant’s brief (Paper No.
17) and to the examiner’s revised answer (Paper No. 25) for the
respective positions of the appellant and the examiner with
regard to the merits of these rejections.1
1 As the result of a terminal disclaimer (Paper No. 22) made
of record by the appellant, the examiner (see Paper No. 23) has
withdrawn an obviousness-type double patenting rejection entered
in the original answer (Paper No. 19).
3
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