Appeal 2007-2550
Application 10/321,182
DECISION
The Examiner’s § 102(e) rejection of claims 38, 39, and 41 over
Kucherovsky is AFFIRMED.
The Examiner’s § 102(e) rejection of claim 40 over Kucherovsky is
REVERSED.
The Examiner’s § 103(a) rejection of claims 87-89 over Kucherovsky
in view of Lake is REVERSED.
The Examiner’s § 103(a) rejection of claim 90 over Kucherovsky in
view of Lake is AFFIRMED.
The Examiner’s § 103(a) rejection of claim 91 over Kucherovsky in
view of Fujita is AFFIRMED.
The Examiner’s decision is affirmed-in-part.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED-IN-PART
clj
Eveready Battery Company
25225 Detroit Road
Post Office Box 450777
Westlake, OH 44145
with regard to claim 38). The Examiner should address this anticipation
issue in future prosecution.
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