Ex parte SIMMONS - Page 5




          Appeal No. 1997-0595                                       Page 5           
          Application No. 08/154,911                                                  


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the answer (Paper No. 21,                  
          mailed August 21, 1996) and the examiner's reply (Paper No.                 
          24, mailed May 13, 1997) for the examiner's complete reasoning              
          in support of the rejections, and to the brief (Paper No. 18,               
          filed August 1, 1996), reply brief (Paper No. 22, filed                     
          October 31, 1996) and response to examiner's reply (Paper No.               
          25, filed June 9, 1997) for the appellant's arguments                       
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          The 35 U.S.C. § 112 rejection                                               









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