Appeal No. 2002-1914
Application 09/247,889
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Ellenberger 4,333,229 Jun. 8, 1982
Sawada et al. (Sawada) 4,896,417 Jan. 30, 1990
In addition to the foregoing prior art references, the
examiner has also relied upon applicant’s admitted prior art
(hereinafter the APA) set forth on pages 1 and 2 of the
specification in the “Background Information” section.
Claims 1 through 3 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over the APA in view of Ellenberger and
Sawada.
Rather than reiterate the examiner's full commentary
regarding the above-noted rejection and the conflicting
viewpoints advanced by the examiner and appellant regarding the
rejection, we make reference to the examiner's answer (Paper No.
20, mailed October 1, 2001) for the reasoning in support of the
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