Appeal No. 1997-2656
Application No. 07/907,472
The prior art reference of record relied upon by the examiner in rejecting the
appealed claims is:
Yoshida 5,208,681 May 4, 1993
(Effective filing date Mar. 8, 1988)
APA - the background of the specification section and Figure 1
Claims 1-9 stand rejected under 35 U.S.C. § 103 as being unpatentable over the
combination of the admitted prior art in the preamble of the Jepson format claim, the
admitted prior art in the specification and the Yoshida patent. Claim 9 is rejected under
35 U.S.C. § 103 as being unpatentable over Yoshida alone. We sustained the
examiner’s rejection of claims 1-9 under 35 U.S.C. § 103 over the combination of prior
art, but reversed the examiner’s rejection under Yoshida alone in our decision, mailed
Sep. 18, 2001.
ON REQUEST FOR REHEARING
This is in response to appellants' request for rehearing of our decision, mailed
Nov. 18, 2001, wherein we affirmed the examiner's rejection of claims 1-9 under
35 U.S.C. § 103.
We have carefully considered the arguments raised by appellants in the request
for rehearing. Those arguments do persuade us that we overlooked or
misapprehended appellants' arguments concerning the grouping of the claims, but the
arguments do not persuade us that we overlooked or misapprehended any matter in
our original consideration of the appeal of independent claims 1, 8 and 9.
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