Appeal No. 1999-2699
Application No. 08/884,049
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Waddington et al. (Waddington) 3,875,324 Apr. 01, 1975
Scott 4,220,811 Sep. 02, 1980
Claims 1-5, 8, 9, and 11-15 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Waddington in view of Scott.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
appellant regarding the above-noted rejections, we make reference to the examiner's
answer (Paper No. 11, mailed May 11, 1999) for the examiner's reasoning in support of
the rejections, and to appellant's brief (Paper No. 10, filed Apr. 9, 1999) for appellant's
arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by appellant and the examiner. As a consequence of our
review, we make the determinations which follow.
Appellant argues that the examiner has not established a prima facie case of
obviousness and that the examiner’s contentions with respect to the combined
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