Ex parte SOMMERFELD - Page 6




          Appeal No. 97-2147                                         Page 6           
          Application No. 08/512,477                                                  


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the final rejection (Paper                 
          No. 7, mailed May 7, 1996), the examiner's answer (Paper No.                
          13, mailed November 12, 1996) and both supplemental examiner's              
          answers (Paper No. 15 and 18, mailed January 28, 1997 and                   
          April 2, 1998) for the examiner's complete reasoning in                     
          support of the rejections, and to the appellant's brief (Paper              
          No. 12, filed October 9, 1996) and reply brief (Paper No. 14,               
          filed January 8, 1997) 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.  Upon evaluation of all the evidence before us, it                
          is our conclusion that the evidence adduced by the examiner is              
          insufficient to establish a prima facie case of obviousness                 
          with respect to the claims under appeal.  Accordingly, we will              







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