Appeal No. 1998-2673
Application 08/557,138
unpatentable over British patent publication 1,604,463 to Lee2
in view of U.S. Patent No. 5,248,544 to Kaule (brief , page 3; 3 4
answer , page 3). For reasons expressed hereinafter, we5
reverse.
Before addressing the § 103 rejection, we feel obliged to
note certain anomalies in the manner in which the claims have
been handled during the prosecution. Jurgen Herrmann and
Werner Reinhart (appellants) noticed their appeal “from the
decision dated July 7, 1997 of the Primary Examiner finally
rejecting Claims 19 to 37.” Although the identification of6
claims in the notice was consistent with the summary sheet
accompanying the final Office action dated July 7, 1997, and 7
the summary provided in the advisory action, each of which 8
2Published December 9, 1981.
3 Issued September 28, 1993.
4 Paper No. 12, filed February 13, 1998.
5Paper No. 13, mailed April 29, 1998.
6 Paper No. 11, filed December 23, 1998.
7 Paper No. 6.
8Paper No. 10, mailed September 30, 1997.
2
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