Appeal No. 1998-2864
Application No. 08/338,235
The examiner relies on the following references:
Freedman 3,082,413 Mar. 19, 1963
Kobayashi et al. 5,003,479 Mar. 26, 1991
Freeman 5,084,695 Jan. 28, 1992
Crane 5,257,190 Oct. 26, 1993
Claims 1-20 are pending, with many claims being rejected
under 35 U.S.C. 103. As evidence of obviousness, the examiner
cites Kobayashi with regard to claims 1, 2, 4, 7, 8, 14 and 19,
adding Crane with regard to claims 6 and 15. In a new ground of
rejection entered in the supplemental answer, the examiner also
rejects claims 8 (again) and 17 under 35 U.S.C. 103 over
Kobayashi.
In a new ground of rejection entered in the principal
answer, the examiner rejects claims 16 and 17 under 35 U.S.C. 103
over Kobayashi.
At page 9 of the principal answer, the examiner indicates
that claims 3, 5, 9-13, 18 and 20 would be allowable if rewritten
to overcome a rejection under 35 U.S.C. 112. Thus, the examiner
is indicating that claims 3, 5, 9-13, 18 and 20 are directed to
allowable subject matter.
We find it confusing that, in the principal answer, the
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