Appeal 2007-2140
Application 09/892,790
Patent 5,917,679
(8)
New Ground of Rejection of Claims 25-26 and 36-37
Reissue claims 25, 27, 36, and 38 are rejected under 35 U.S.C. § 103
as being unpatentable over the Bolasna II and Chapin patent.
See Findings of Fact 56-58 and 66-69. Given, the teachings of
Bolasna II and Chapin, the level of skill in the art, and small difference
between Bolasna II and the subject matter of claims 25-26 and 36-37, we
conclude that the substitution of a recessed step (as found in Chapin) in
place of the off-center gap taught by Bolasna II would have been obvious.
For the reasons supra, we reject of claims 25, 27, 36, and 38 under
35 U.S.C. § 103 using our authority under 37 C.F.R. § 41.50(b).
(9)
New Ground of Rejection of Claims 21, 28-32, 39-41, and 52-60
Reissue claims 21, 28-32, 39-41, and 52-60 are rejected under
35 U.S.C. § 102(b) as being anticipated by the Murray II patent. See
Findings of Fact 59-60.
For the reasons supra, we reject of claims 21, 28-32, 39-41, and 52-60
under 35 U.S.C. § 102(b) using our authority under 37 C.F.R. § 41.50(b).
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