Ex parte ALPERT et al. - Page 4




                 Appeal No. 95-4010                                                                                                                     
                 Application 08/082,338                                                                                                                 



                                   Rather than reiterate the arguments of Appellants                                                                    
                 and the Examiner, reference is made to the briefs  and answers                          2                      3                       
                 for the respective details thereof.                                                                                                    


                                                                     OPINION                                                                            
                                   We will not sustain the rejection of claims 2                                                                        
                 through 18 under 35 U.S.C. § 103.                                                                                                      



                          2Appellants filed an appeal brief on November 10, 1994.                                                                       
                 We will refer to this appeal brief as simply the brief.                                                                                
                 Appellants filed a reply appeal brief on March 20, 1995.  We                                                                           
                 will refer to this reply appeal brief as the reply brief.  The                                                                         
                 Examiner responded to the reply brief with an Examiner's                                                                               
                 answer mailed April 21, 1995, and thereby entered and consid-                                                                          
                 ered the reply brief.  Appellants filed a second reply appeal                                                                          
                 brief on  May 12, 1995.  We will refer to this reply appeal                                                                            
                 brief as the second reply brief.  The Examiner stated in the                                                                           
                 Examiner’s letter, mailed May 26, 1995, that the second reply                                                                          
                 brief has  been entered and considered but no further response                                                                         
                 by the Examiner is deemed necessary.                                                                                                   
                          3The Examiner responded to the brief with an Examiner's                                                                       
                 answer, mailed February 27, 1995.  We will refer to the Exam-                                                                          
                 iner's answer as simply the answer.  The Examiner responded to                                                                         
                 the reply brief with a supplemental Examiner's answer, mailed                                                                          
                 April 21, 1995.  We will refer to the supplemental Examiner's                                                                          
                 answer as simply the supplemental answer.  The Examiner re-                                                                            
                 sponded to the second reply brief with a letter, mailed May                                                                            
                 26, 1995, so noting that the supplemental reply brief has been                                                                         
                 entered and considered.  The Examiner offered no other re-                                                                             
                 sponse.                                                                                                                                
                                                                           4                                                                            





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