Appeal No. 2001-0246
Application No. 08/921,103
The references relied on by the Examiner in rejecting the
claims are:
Hofmeier et al. (Hofmeier) 4,714,527 Dec. 22, 1987
McNeal et al. (Europe) 0 338 017 A2 Sep. 19, 1990
(European Patent Application)
A. K. Covington et al. (Covington), “Improvements in the
Precision Of PH Measurements - A Laboratory Reference Electrode
With Renewable Free-diffusion Liquid Junction,” Analytica
Chimica Acta, 169 (1985), pp. 221-229.
Claim 47 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Europe and Hofmeier.
Claim 49 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Europe and Hofmeier in view of Covington.
We make reference to the answer (Paper No. 40, mailed
February 28, 2000) for the Examiner’s reasoning and to the brief
(Paper No. 38, filed October 7, 1999) and the reply brief (Paper
No. 41, filed April 24, 2000) for Appellants’ arguments
thereagainst.
OPINION
At the outset, we note that Appellants indicate their
intention that claims 47 and 49 stand or fall together (brief,
page 5). Thus, we will consider the claims separately only to
the extent they correspond to each ground of rejection and will
limit our consideration to independent claim 47.
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