Ex parte PEKALA et al. - Page 3




                 Appeal No. 96-0158                                                                                                                     
                 Application No. 08/110,003                                                                                                             


                 Vinton et al. (Vinton)                                3,927,186                                    Dec. 16,                            
                 1975                                                                                                                                   
                 Simandl et al. (Simandl)                                       5,208,003                                    May                        
                 4, 1993                                                                                                                                


                          The claims on appeal stand rejected under 35 U.S.C. § 103                                                                     
                 as being unpatentable over Marek taken with Vinton and                                                                                 
                 Simandl .    2                                                                                                                         
                          We refer to the Brief and to the Answer for a complete                                                                        
                 exposition of the opposing viewpoints expressed by the                                                                                 
                 appellants and the examiner concerning the above noted                                                                                 
                 rejection.                                                                                                                             
                                                                     OPINION                                                                            
                          For the reasons set forth in the Answer and below, we                                                                         
                 will sustain this rejection.                                                                                                           
                          We fully agree with the conclusion of obviousness stated                                                                      
                 by the examiner in his Answer.  As for the nonobviousness                                                                              
                 position expressed in the Brief, it is the appellants’ basic                                                                           
                 argument                                                                                                                               




                          2The appealed claims will stand or fall together; see                                                                         
                 page 5 of the Brief.                                                                                                                   
                                                                           3                                                                            





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