Appeal No. 2002-0363
Application No. 08/162,373
Claim 93 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over
Holcombe.
Claims 93, 103, 122-124 and 126-141 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Robinson in view of Bergmans.
Attention is directed to the appellant’s main and reply briefs (Paper Nos. 78 and
81) and to the examiner’s answer (Paper No. 79) for the respective positions of the
appellant and the examiner with regard to the merits of these rejections.2
DISCUSSION
I. Petitionable matter
The examiner (see pages 3 and 4 in the answer) raises as an issue in the appeal
2 The statements of the 35 U.S.C. § 112 rejections in the answer mistakenly
include claim 125 which, as indicated above, stands withdrawn from consideration.
Also, the accompanying explanations of these rejections do not carry forward all of the
reasons set forth in the final rejection (Paper No. 63). To the extent that the omitted
reasons have not been explicitly withdrawn (see page 9 in the answer), we assume that
they have been implicitly withdrawn (see Ex parte Emm, 118 USPQ 180, 181 (Bd. App.
1957)).
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