Ex parte WARSHAWSKY - Page 3




          Appeal No. 96-3132                                         Page 3           
          Application No. 08/248,521                                                  


          23, 1995) and the examiner's answer (Paper No. 15, mailed April             
          12, 1996) for the examiner's complete reasoning in support of the           
          rejection, and to the appellant's brief (Paper No. 14, filed                
          March 18, 1996) for the appellant's arguments thereagainst.                 


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we have made the                 
          determination that the examiner's rejection of the appealed                 
          claims under 35 U.S.C. § 103 is not well founded and will                   
          therefore not be sustained.  Our reasoning for this determination           
          follows.                                                                    


               The test for obviousness is what the combined teachings of             
          the references would have suggested to one of ordinary skill in             
          the art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,               
          1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208              
          USPQ 871, 881 (CCPA 1981).                                                  









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