Ex parte SMYTHE, JR. - Page 3




          Appeal No. 97-3218                                                           
          Application 08/541,947                                                       


               The following rejection is before us for review.                        

               Claim 1 stands rejected under 35 U.S.C. § 102(b) as being               
          anticipated by Rillo.                                                        




               The full text of the examiner's rejection and response to               
          the argument presented by appellant appears in the first                     
          office action and answer (Paper Nos. 2 and 12), while the                    
          statement of appellant’s argument can be found in the main and               
          reply briefs (Paper Nos. 11 and 13 ).                                        

                                       OPINION                                         

               In reaching our conclusion on the anticipation issue                    
          raised in this appeal, this panel of the board has carefully                 
          considered appellant’s specification and claim 1, the applied                
          patent to Rillo, and the respective viewpoints of appellant                  
          and the examiner.  As a consequence of our review, we make the               
          determination which follows.                                                 

               We affirm the examiner’s rejection of claim 1 under 35                  
          U.S.C. § 102(b).                                                             
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