Appeal No. 2003-0522
Application No. 09/324,237
1. A harmonic mixer comprising:
a pair of complementary transistors coupled together;
an input port; and
an output port.
The following reference is relied on by the examiner:
Cerny, Jr. et al. (Cerny) 4,193,036 Mar. 11, 1980
Claims 1, 2, 8, 10, 11, 26 and 27 stand rejected under
35 U.S.C. § 102(b) as anticipated by Cerny. This rejection is
noted at the top of page 3 of the answer where the examiner makes
reference to the statement of the rejection in the final
rejection, Paper No. 7, for the details of this rejection.
We note here that the additional rejection of the remaining
claims on appeal under 35 U.S.C. § 103 over this reference to
Cerny has not be stated by the examiner to have been maintained
in the answer. Therefore, since the examiner has not maintained
the rejection of the remaining claims on appeal, claims 9, 12
through 14, 21 through 25 and 28 through 30, the rejection of
them under 35 U.S.C. § 103 in the final rejection is considered
to have been withdrawn, either intentionally or inadvertently.
Rather that repeat the details of the examiner’s positions,
reference is made to the final rejection and the answer for the
examiner’s positions and to the brief for appellant’s positions.
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