Ex parte STOLLE - Page 6




                 Appeal No. 96-0541                                                                                                                     
                 Application 08/034,845                                                                                                                 


                 Examiner, we make reference to the briefs  and the answers  for           2                           3                               
                 the details thereof.                                                                                                                   
                                                                     OPINION                                                                            
                          After a careful review of the evidence before us, we                                                                          
                 agree with the Examiner that claims 5 and 11 through 15 are                                                                            


                          2Appellant filed an appeal brief on October 13, 1994.  We                                                                     
                 will refer to this appeal brief as simply the brief.                                                                                   
                 Appellant filed a reply appeal brief on March 9, 1995.  We                                                                             
                 will refer to this reply appeal brief as simply the reply                                                                              
                 brief.  The Examiner responded the reply brief with a                                                                                  
                 supplemental Examiner's answer and thereby entered the reply                                                                           
                 brief into the record.  On March 9, 1995, Appellant filed an                                                                           
                 amendment.  The Examiner stated in the supplemental Examiner's                                                                         
                 answer that this amendment is not entered into the record.                                                                             
                 Appellant filed a reply appeal brief to Supplemental                                                                                   
                 Examiner's Answer on June 27, 1995.  We will refer to this                                                                             
                 reply appeal brief as simply the supplemental reply brief.                                                                             
                 On June 27, 1995, Appellant filed an amendment which was not                                                                           
                 entered into the record.   The Examiner stated in the                                                                                  
                 Examiner’s letter, mailed July 25, 1995 that the supplemental                                                                          
                 reply brief has been entered and considered but no further                                                                             
                 response by the Examiner is deemed necessary.  The Examiner                                                                            
                 also stated in the letter that the June 27, 1995 amendment is                                                                          
                 not entered into the record.                                                                                                           
                          3The Examiner responded to the brief with an Examiner's                                                                       
                 answer, mailed January 9, 1995.  We will refer to the                                                                                  
                 Examiner's answer as simply the answer.  We note that the                                                                              
                 answer contains a new ground of rejection rejecting claims 7                                                                           
                 through 15 under 35 U.S.C. § 103 as being unpatentable over                                                                            
                 Miyake, Tannas, Buzak and Grier. The Examiner responded to the                                                                         
                 reply brief with a supplemental Examiner's answer, mailed May                                                                          
                 30, 1995.  We will refer to the Supplemental Examiner's answer                                                                         
                 as simply the supplemental answer.                                                                                                     
                                                                           6                                                                            





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