Ex parte RUBEN - Page 3







             Appeal No. 95-3797                                                                                   
             Application 07/975,764                                                                               

                                               THE REJECTIONS                                                     
                          Claims 1-3 and 5 stand rejected under 35 U.S.C.                                         
             § 103 as being unpatentable over Bentensky in view of Asano.                                         
             Rather than reiterate the entire arguments of the                                                    
             examiner and the appellant in support of their respective                                            
             positions, reference is made to the appellant’s brief (Paper                                         
             No. 13) and the examiner’s answer (Paper No. 14) for the full                                        
             exposition thereof.                                                                                  
                                                    OPINION                                                       
                          In reaching our conclusions on issues raised in this                                    
             appeal we have carefully considered appellant’s specification,                                       
             the appealed claims, the applied references, and the                                                 
             respective viewpoints advanced by the appellant and the                                              
             examiner.  As a consequence of our review, we have made the                                          
             determination that the rejection should not be sustained.  Our                                       
             reasons for this determination follow.                                                               
                          We initially note that, for reasons stated infra. in                                    
             our, new rejections under the provisions of 37 CFR § 1.196(b),                                       
             we are of the opinion that claim 1 fails to satisfy the                                              

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