Ex Parte SCHUH - Page 3




          Appeal No. 97-1033                                                          
          Application 08/190,485                                                      




                    Claims 1 through 5 stand rejected under 35 U.S.C.                 
          § 102(b) as being anticipated by Schuh.                                     
                    The full text of the examiner's rejections and response           
          to the argument presented by appellant appears in the final                 
          rejection and answer (Paper Nos. 9 and 16), while the complete              
          statement of appellant’s argument can be found in the brief                 
          (Paper No. 15).4                                                            
                    As indicated by the examiner (answer, page 2), appel-             
          lant has not included a statement that the claims do not stand or           
          fall together.  Thus, pursuant to 37 CFR § 1.192(c)(7), we select           
          single claim 4 and shall decide the appeal on the basis thereof             
          relative to the anticipation rejection.                                     


                                       OPINION                                        
                    In reaching our conclusion on the issues raised in this           
          appeal, this panel of the board has carefully considered appel-             
          lant’s specification and method claim 4, the applied patent, and            
          the respective viewpoints of appellant and the examiner.  As a              
          consequence of our review, we make the determinations which                 
          follow.                                                                     

               4 A supplemental brief was filed (Paper No. 20) to provide             
          information omitted from the original brief.                                
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