Appeal No. 1999-2344
Application 08/720,586
The following references are relied on by the examiner:
Powell et al. (Powell) 4,710,933 Dec. 1, 1987
Whetsel, Jr. (Whetsel) 4,872,169 Oct. 3, 1989
(filing date Dec. 8, 1988)
Hwang et al. (Hwang) 5,032,783 Jul. 16, 1991
(effective filing date Oct. 23, 1985)
Claims 1-12 stand rejected under 35 U.S.C. § 102(b) or § 102(e)
as being clearly anticipated by either Hwang or Whetsel or Powell.
Rather than repeat the positions of the appellants and the
examiner, reference is made to the brief and reply brief for the
appellants’ positions, and to the final rejection for the statement
of the rejection and the answer for the examiner’s responsive
arguments to the brief.
OPINION
We reverse all rejections of claims 1-12 under 35 U.S.C. § 102.
At the outset, we summarily reverse the rejection relying upon
Whetsel because the examiner has failed to established a prima facie
case of anticipation. Neither page 3 of the final rejection where
the examiner sets forth and relies upon the statement of the
rejection as to this reference, nor the answer itself discuss in any
detail what figures, columns or portions of Whetsel the examiner
relies upon as a basis for the rejection of all claims on appeal.
Furthermore, the examiner has failed to address any arguments in
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