Appeal No. 2002-2090
Application 08/430,311
under 35 U.S.C. § 103(a) based on Givens alone or Givens in view
of Lankard, we note that we have sustained such rejections only
on the basis that anticipation or lack of novelty is the ultimate
or epitome of obviousness, and thus remain of the view that the
declaration filed November 7, 1994 is entitled to no weight.
Moreover, to the extent that some consideration of the
declaration may be required, we are in agreement with the
examiner’s assessment of the declaration as set forth on pages 17
and 18 of the answer.
To summarize, we note that the rejection of claims 57
through 63, 65, 66 and 69 through 78 under 35 U.S.C. § 102(b) as
being anticipated by Givens has been sustained as to claims 70
through 75, but not with regard to claims 57 through 63, 65, 66,
69 and 76 through 78. Similarly, the examiner’s rejections of
claims 57 through 63, 65, 66 and 69 through 78 under 35 U.S.C.
§ 103(a) based on Givens alone or Givens in view of Lankard have
been sustained as to claims 70 through 75, but not with regard to
claims 57 through 63, 65, 66, 69 and 76 through 78. In addition,
the examiner’s rejection of claim 79 under 35 U.S.C. § 103(a)
based on the combined teachings of Givens and Kobayashi was not
sustained. The examiner’s rejection of claims 65 and 66 under
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