Ex parte HERMANNS et al. - Page 3




                Appeal No. 97-1144                                                                                                            
                Application 08/326,608                                                                                                        



                                 Claim 4 stands rejected under 35 U.S.C. § 103 as being                                                       
                unpatentable over Prodi in view of Nel, as applied to claims 7                                                                
                through 13 above, further in view of O’Brien.                                                                                 


                                 The full text of the examiner's rejections and response                                                      
                to the argument presented by appellants appears in the answer                                                                 
                (Paper No. 17), while the complete statement of appellants’                                                                   
                argument can be found in the brief (Paper No 16).                                                                             


                                 In the brief (page 5), appellants indicate that claim 8                                                      
                and dependent claims 4, 7, and 9 through 12 stand or fall                                                                     
                together, while independent claim 13 stands or falls alone.                                                                   
                Accordingly, we focus our attention exclusively upon claims 8                                                                 
                and 13, infra.                                                                                                                


                                                                 OPINION                                                                      
                                 In reaching our conclusion on the obviousness issue                                                          
                raised in this appeal, this panel of the board has carefully                                                                  
                considered appellants’ specification and claims, the applied                                                                  
                patents,  and the respective viewpoints of appellants and the2                                                                                                               

                         2In our evaluation of the applied teachings, we have                                                                 
                                                                                                     (continued...)                           
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