Ex parte HERST et al. - Page 8




          Appeal No. 96-3201                                                          
          Application 08/177,399                                                      

          agreed that claims 25 and 26 stand or fall with claim 23, we                
          note that claims 25 and 26 have not been rejected under § 103               
          utilizing the Kao reference as evidence of obviousness.                     
          Consequently, we will separate this grouping of claims and                  
          hold that claims 25 and 26 will not fall with claim 23.                     
               For the reasons given above, the rejection of claims 1-                
          13, 23 and 24 under 35 U.S.C. § 103 as unpatentable over Kao                
          is affirmed.                                                                
                                        SUMMARY                                       
               The rejection of claims 1-13 and 23 and 24 as                          
          unpatentable over Kao is sustained.                                         
               The rejection of claims 18, 20, 22, 25 and 26 is not                   
          sustained.                                                                  















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