Ex parte BYERS - Page 4




          Appeal No. 97-3000                                                          
          Application 08/370,867                                                      







                    Claim 13 stands rejected under 35 U.S.C. § 103 as being           
          unpatentable over Lyman in view of Abatiell.                                


                    Reference is made to the examiner's answer (Paper                 
          No. 11, mailed March 11, 1997) for the examiner's reasoning in              
          support of the above-noted rejections and to appellant's brief              
          (Paper No. 10, filed February 11, 1997) for appellant's arguments           
          thereagainst.                                                               


          OPINION                                                                     
                    Our evaluation of the obviousness issues raised in this           
          appeal has included a careful assessment of appellant's                     
          specification and claims, the applied prior art references, and             
          the respective positions advanced by appellant and the examiner.            
          As a consequence of our review, we find that we are unable to               
          sustain any of the examiner's rejections of the appealed claims.            
          Our reasoning follows.                                                      



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