Ex parte MARCKINI - Page 6




          Appeal No. 97-3671                                                          
          Application 08/266,977                                                      

               4.   The Office action dated September 18, 1995 (Paper                 
          No. 6) states that claims 1-15 are rejected under 35 U.S.C. §               
          103 as being unpatentable over the prior art as set forth                   
          previously with the addition of LeStrange and/or Milnes.                    
               5.   The Office action dated March 13, 1995 (Paper No. 4)              
          states that claims 1-15 are rejected under 35 U.S.C. § 103 as               
          being unpatentable over the prior art cited herewith and that               
          cited by applicant.                                                         
               5.   The Office action of March 13, 1995, included a Form              
          892 listing 5 references, including 2 United States patents                 
          and 3 foreign references.                                                   
               6.   On June 27, 1994, the applicant filed a Form 1449                 
          listing 9 references, including 7 United States patents and 2               
          domestic articles.                                                          
               7.   On the Form 1449, the examiner indicated that he                  
          considered the listed references on February 22, 1995.                      
               8.   Although a total of 18 references evidently were                  
          applied by the examiner, at one time or another, during the                 
          prosecution history leading up to and including the final                   
          Office action, the examiner’s answer listed and referred to                 
          only four references Milnes, Langhans, Clark, and Pfost.                    

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