Ex Parte CULLEN et al - Page 3




          Appeal No. 2002-0195                                                        
          Application No. 09/174,977                                                  


          related Appeal No. 1996-2901, and those reasons set forth below.            
          Accordingly, the decision of the examiner is affirmed-in-part.              
           OPINION                                                                    
               A.  Background                                                         
               This application is a continuation of application no.                  
          08/088,405, in which a merits panel of this Board issued a decision         
          affirming the examiner’s rejection of claims 22 through 39 under            
          35 U.S.C. § 103(a) over Izumimoto et al. (Izumimoto), U.S. Patent           
          No. 4,762,722, issued Aug. 9, 1988 (see the decision dated Aug. 31,         
          1998, in Appeal No. 1995-3770, with a Request for Rehearing denied,         
          see Paper No. 29 mailed Sep. 28, 1999).  For purposes of                    
          comparison, we attach a copy of claims 30 and 31 from Appeal No.            
          1995-3770 as Appendix II to this decision.                                  
               This application is also related to application no. 08/072,879         
          (see the Brief, page 1), in which a merits panel of this Board              
          issued a decision reversing the examiner’s rejection of claims 1            
          through 20 under 35 U.S.C. § 103(a) over Nakamura in view of                
          Gammill et al. (Gammill, U.S. Patent No. 2,819,491, issued Jan. 14,         
          1958)(see Appeal No. 1996-2901, with the decision mailed on Sep.            
          28, 2000, as Paper No. 20).  For comparison purposes, a copy of             
          claim 1 from this appeal is also attached as Appendix III to this           
          decision.                                                                   
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