Appeal No. 2003-0813
Application No. 08/771,885
The examiner relies on the following references:
Ahlin et al. (Ahlin) 5,321,840 Jun. 14, 1994
Katz1 5,495,284 Feb. 27, 1996
(filed Nov. 17, 1993)
Kawan et al. (Kawan)2 5,572,572 Nov. 05, 1996
(filed Mar. 16, 1994)
Claims 21-26, 28 and 29 stand rejected under 35 U.S.C. §103. As evidence of
obviousness, the examiner cites Ahlin with regard to claims 21-26 and 28, adding Katz
with regard to claim 29.
Reference is made to the brief and answer for the respective positions of
appellant and the examiner.
OPINION
At the outset, we note that, in accordance with appellant’s grouping of the claims
at page 3 of the brief, all claims will stand or fall together. Accordingly, we will focus on
independent claim 21.
1While the examiner refers to Paper No. 24 for the rejections, and Paper No. 24 states a
rejection of claim 29 over Ahlin and Katz, the answer does not refer to Katz nor does it explicitly
repeat this rejection. However, since reference is made to Paper No. 24, and appellant
apparently agrees that claim 29 stands rejected under 35 U.S.C. §103 over Ahlin and Katz
(note pages 3-4 of the brief), we will treat the rejection of claim 29 on this ground as
outstanding on appeal.
2While Kawan is not part of the examiner’s statement of rejection, it is incorporated by
reference in Ahlin, at column 2, lines 1-8, by referring to “Ser. No. 260, 832, filed Oct. 21,
1988," which is a parent application of Kawan. In any event, both appellant and the examiner
understand Kawan as forming part of the rejection and we will treat it as such.
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