Ex parte NICOLOSI - Page 3




          Appeal No. 97-2939                                         Page 3           
          Application No. 08/431,798                                                  


          said bundle, said distal end of said bundle being formed with a             
          rounded configuration.                                                      

               The examiner relies on the following references:                       
          Cordes                        3,420,134                Jan.  7,             
          1969                                                                        
          Pruitt                        4,570,527                Feb. 18,             
          1986                                                                        
          Liedtke et al. (Liedtke)           4,590,839                May             
          27, 1986                                                                    

               Claims 1 through 3 stand rejected under 35 U.S.C. 103 as               
          unpatentable over Liedtke in view of Pruitt.                                


               Reference is made to the briefs and answer for the                     
          respective positions of appellant and the examiner.                         


                                       OPINION                                        


               We reverse.                                                            


               At the outset, we note that the final rejection contained              
          a rejection against claims 1 through 3 under 35 U.S.C. 103                  
          based on a combination of Liedtke, Stromberg and Pruitt.                    
          However, the examiner has not repeated this rejection in the                







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