Appeal No. 2001-1484
Application 09/092,368
The claimed subject matter may be further understood with
reference to the claims as they appear appended to the appeal
brief.
The references cited by the examiner as evidence of
obviousness are:
Smith 2,106,685 Jan. 25, 1938
Prenger et al. (Prenger) 5,076,067 Dec. 31, 1991
Claims 1 through 7, 11 and 12 stand rejected under 35 U.S.C.
§ 103 as unpatentable over Prenger in view of Smith.
BACKGROUND
This case was previously remanded to the examiner to
construe claim 1 on appeal and make findings of facts with
respect to the Smith patent. The examiner provided views as to
the construction of claim 1 and findings of facts with regard to
Smith. Appellant also submitted his views with respect to the
remand. Thus, the case is up before us for decision on the
rejection of claims.
OPINION
We have carefully reviewed the rejection on appeal in light
of the arguments of the appellant and the examiner. As a result
of this review, we have determined that the subject matter of
claim 1 does not pass muster under 35 U.S.C. § 112, second
2
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