Appeal Number: 2006-3291 Application Number: 10/178,845 This appeal arises from the examiner’s final rejection, mailed July 21, 2005. The appellant filed a brief in support of the appeal on October 24, 2005, and the examiner mailed an answer to the appeal brief on January 6, 2006. The appellant requested an oral hearing, and the case was heard on February 13, 2007. PRIOR ART4 The prior art references of record relied upon by the examiner in rejecting the appealed claims are: Izumida US 4,883,320 Nov. 28, 1989 Vento US 5,441,331 Aug. 15, 1995 Davis US 5,456,519 Oct. 10, 1995 MacKenzie US 5,868,463 Feb. 09, 1999 Riach, Jr. US 2002/0068847 Jun. 6, 2002 (Dec. 5, 2000) REJECTIONS5 Claims 1, 4 and 24 stand rejected under 35 U.S.C. § 102(b) as anticipated by Davis. Claim 2 stands rejected under 35 U.S.C. § 103(a) as obvious over Davis and MacKenzie6. 4 The examiner failed to list these references as required (MPEP § 1207.02(A)(8)) in the Evidence Relied Upon section (Answer 3), but did refer to Davis in the Grounds of Rejection (Answer 4-5). The examiner referred to all of these references in the Final Rejection pp. 3-8. 5 The examiner withdrew a rejection against claims 1, 2 and 4-13 under 35 U.S.C. § 112, first paragraph (Answer 2). 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013