Ex parte CALCATERRA et al. - Page 3




          Appeal No. 97-0176                                                          
          Application No. 08/313,604                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a method of                       
          fabricating end plugs for nuclear fuel rods.  An understanding              
          of the invention can be derived from a reading of exemplary                 
          claims 1, 8 and 9 which appear in the appendix to the                       
          appellants' brief.                                                          
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Van Dievoet                 3,699,638               Oct. 24, 1972           
          Nilson                      3,804,708               Apr. 16, 1974           
          Clapham                     1,404,234               Aug. 28, 1975           
          (United Kingdom patent specification)                                       
               The following rejections are before us for review:                     
               (1) Claims 1, 2, 4, 5, 7 and 9 stand rejected under                    
          35 U.S.C. § 103 as being unpatentable over Van Dievoet in view              
          of Clapham.                                                                 
               (2) Claims 3, 6, 8 and 10 stand rejected under 35 U.S.C.               
          § 103 as being unpatentable over Van Dievoet in view of                     
          Clapham and Nilson.                                                         
               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejections, we make reference to the examiner's answer (Paper               

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