Appeal No. 1999-2345
Application No. 08/610,758
We agree with the examiner's ultimate conclusion that the subject matter on
appeal is unpatentable under 35 U.S.C. § 103 in view of the references applied.
However, should appellants elect further prosecution of the instant subject matter, the
examiner should consider entry of a 35 U.S.C. § 103 rejection based on appellants'
admitted prior art in view of the teachings of Finelli against any claim of scope similar to
that of present claim 1.
CONCLUSION
The rejection of claims 1-7 is affirmed.
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