Ex Parte Cromer et al - Page 10

                 Appeal No.  2006-1734                                                                                    
                 Application 09/855,624                                                                                   


                 references are cited by the examiner to further substantiate facts already in                            
                 the evidentiary record made by the examiner and appellants.  As such, they                               
                 are not considered a basis for a new ground of rejection but are considered                              
                 standard reference works in the art.  See In re Boon, 439 F.2d 724, 727, 169                             
                 USPQ 231, 2347 (CCPA 1971).  Notwithstanding these considerations, note                                  
                 again we have expanded upon the teaching value of Aziz and Crowle earlier                                
                 in this opinion.                                                                                         
                         In view of the foregoing, the decision of the examiner rejecting                                 
                 various claims under 35 U.S.C. § 102 and 35 U.S.C. § 103 is affirmed.                                    



















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