Ex parte DUEBER et al. - Page 3




                 Appeal No. 95-0192                                                                                                                     
                 Application No. 07/914,228                                                                                                             


                          Claims 1 through 11 stand rejected under 35 U.S.C. § 103                                                                      
                 as unpatentable over the combined disclosures of Hughes,                                                                               
                 Paige, Gill, Nissen and Hess.2                                                                                                         
                          We have carefully reviewed the entire record before us,                                                                       
                 including each of the arguments and comments advanced by the                                                                           
                 examiner and appellants in support of their respective                                                                                 
                 positions.  This review leads us to conclude that the                                                                                  
                 examiner’s § 103 rejection is well-founded.  Accordingly, we                                                                           
                 will sustain the examiner’s rejection for essentially those                                                                            
                 reasons expressed in the Answer.  We add the following                                                                                 
                 primarily for emphasis.                                                                                                                
                          As a preliminary matter, we note that appellants have                                                                         
                 initially grouped the appealed claims at page 4 of the Brief                                                                           
                 as follows:                                                                                                                            
                          Group I - claim 1; and                                                                                                        
                          Group II - claims 2 through 11.                                                                                               

                          2This is the only rejection before us.  The examiner has                                                                      
                 not restated in the Answer all of the rejections based on                                                                              
                 Hughes alone or Hughes, Nissen, Hess and Gill in the final                                                                             
                 rejection dated April 26, 1993.  Nor has the examiner disputed                                                                         
                 appellants’ assertion that all of the rejections based on                                                                              
                 Hughes alone or Hughes, Nissen, Hess and Gill have been                                                                                
                 withdrawn.  Compare page 1 of the Reply Brief with both the                                                                            
                 Answer and the Supplemental Answer in their entirety.                                                                                  
                                                                           3                                                                            





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