Ex Parte ROBERTSON et al - Page 9




            Appeal No. 96-3549                                                                           
            Application 08/171,484                                                                       


                     The rejection of claims 80, 81, and 83 through 85                                   


                  We do not sustain the rejection of these claims under 35 USC                           
            § 103.                                                                                       


                  This rejection, like the preceding rejection under 35 USC                              
            § 103, relies upon the basic combination of the Wilson and                                   
            Toussant patents. However, for the reasons given above, which are                            
            incorporated herein, this panel of the board concludes that the                              
            proposed combination of the Wilson and Toussant documents is not                             
            sound. The additional Hasslinger reference does not overcome the                             
            stated deficiency of the applied Wilson and Toussant teachings.                              


                  In summary, this panel of the board has:                                               


                  AFFIRMED the rejection of claim 76 under 35 USC § 102(e) as                            
            being anticipated by Wilson and under 35 USC § 103 as obvious                                
            over Wilson;                                                                                 
                  REVERSED the rejection of claims 77 through 79 and 82 under                            
            35 USC § 103 as being unpatentable over Wilson in view of                                    
            Toussant; and                                                                                





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