Ex parte DOUGHERTY - Page 4




          Appeal No. 96-3938                                                          
          Application No. 08/288,861                                                  

               Finally, claims 10 through 25 also stand rejected under                
          35 U.S.C. § 103 as being unpatentable over Debier in view of                
          Minamizaki, Tang, Diehl or Kamiya.                                          
               As reflected on page 3 of the brief, certain of the                    
          appealed claims have been separately grouped and argued, and                
          these certain claims will be individually treated in our                    
          opinion which follows.                                                      
               We refer to the brief and to the answer for a complete                 
          exposition of the differing viewpoints expressed by the                     
          appellant and the examiner concerning the above noted                       
          rejections.                                                                 
                                       OPINION                                        
               For the reasons which follow, we will sustain the                      
          examiner’s section 112, second paragraph, rejection of claim                
          20 and his section 103 rejection of claims 10 through 25 but                
          not the section 112, first paragraph, rejection of claims 10                
          through 25.                                                                 
               The section 112, second paragraph, rejection of claim 20               
          is hereby summarily affirmed in light of the appellant’s                    
          concession of its propriety mentioned earlier in footnote 2.                



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