Ex parte MENGEL - Page 5




          Appeal No. 96-1739                                                          
          Application 08/227,301                                                      


          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answers for               
          the respective details thereof.                                             


          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner, the arguments              
          in support of the rejections and the evidence of obviousness                
          relied upon by the examiner as support for the obviousness                  
          rejections.  We have, likewise, reviewed and taken into                     
          consideration, in reaching our decision, the appellant’s                    
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejections and arguments in                     
          rebuttal set forth in the examiner’s answer.                                
          It is our view, after consideration of the record                           
          before us, that claims 25 and 28-35 particularly point out the              
          invention in a manner which complies with 35 U.S.C. § 112.  We              
          are also of the view that the collective evidence relied upon               
          and the level of skill in the particular art would not have                 
          suggested to one of ordinary skill in the art the obviousness               


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