Ex parte HEROLD - Page 4




          Appeal No. 97-2644                                                          
          Application 08/381,531                                                      



                    Rather than attempt to reiterate the examiner's full              
          commentary with regard to the above-noted rejections and the                
          conflicting viewpoints advanced by the examiner and appellant               
          regarding the rejections, we make reference to the examiner's               
          answer (Paper No. 16, mailed February 19, 1997) for the exam-               
          iner's reasoning in support of the rejections, and to appel-                
          lant's brief (Paper No. 15, filed December 2, 1996) for appel-              
          lant's arguments thereagainst.                                              


          OPINION                                                                     
                    In reaching our decision in this appeal, we have                  
          given careful consideration to appellant's specification and                
          claims, to the applied prior art references, and to the re-                 
          spective positions articulated by appellant and the examiner.               
          As a consequence of our review, we have made the determination              
          that none of the examiner's rejections will be sustained.  Our              
          reasoning in support of this determination follows.                         


                    Looking first at the examiner's rejection under                   



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