Ex parte YAEGER et al. - Page 4




          Appeal No. 97-1647                                         Page 4           
          Application No. 08/321,255                                                  


          Fechner further in view of Buettner.  Claim 11 stands rejected              
          under § 103 as obvious over Owe in view of Murata further in                
          view of Fechner further in view of Harms.  Rather than repeat               
          the arguments of the appellants or examiner in toto, we refer               
          the reader to the appeal brief and the examiner’s answer for                
          the respective details thereof.                                             


                                       OPINION                                        
               In reaching our decision in this appeal, we considered                 
          the  subject matter on appeal and the rejections and evidence               
          advanced by the examiner.  We also considered the arguments of              
          the appellants and examiner.  After considering the record                  
          before us, it is our view that the evidence and level of skill              
          in the art would have suggested to one of ordinary skill in                 
          the art the invention of claims 1 and 4-6.  We cannot say,                  
          however, that the evidence and level of skill in the art would              
          have suggested the invention of claims 2-3 and 7-21.                        
          Accordingly, we affirm-in-part.                                             


               We begin our consideration of the obviousness of the                   
          claims by finding that the references represent the level of                







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