Ex parte SUN - Page 4




          Appeal No. 95-3686                                                          
          Application No. 08/034,794                                                  


          applicant's specification.  Based on a review of the                        
          Examiner's Answer (Paper No. 8), we find that the latter                    
          rejection has been withdrawn.  This follows because, in the                 
          Answer, the examiner does not repeat or refer to a rejection                
          of claims 1 through 6 under 35 U.S.C. § 103 as unpatentable                 
          over applicant's discussion of prior art references set forth               
          in the specification.                                                       
               Accordingly, the sole issue presented for review is                    
          whether the examiner erred in rejecting claims 1 through 6                  
          under 35 U.S.C. § 103 as unpatentable over Hughes.                          
                                    DELIBERATIONS                                     
               Our deliberations in this matter have included evaluation              
          and review of the following materials:  (1) the instant speci-              
          fication, including all of the claims on appeal; (2)                        
          applicant's Appeal Brief and Reply Brief; (3) the Final                     
          Rejection (Paper                                                            
          No. 5) and the Examiner's Answer (Paper No. 8); and (4) the                 
          Hughes reference cited and relied on by the examiner.                       
               On consideration of the record, including the above-                   
          listed materials, we reverse the examiner's rejection under                 
          35 U.S.C. § 103.                                                            


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