Ex parte RODRIGUES et al. - Page 7




               Appeal No. 98-3293                                                                                                  
               Application 08/650,417                                                                                              


                       As noted above, appellants have grouped all of the claims on appeal in a single grouping, thus              

               allowing dependent claims 2 through 6, 8 and 9 to fall with claim 1.  It follows from this that the                 

               examiner’s rejection of claims 4 through 6 under 35 U.S.C. § 103 based on McSherry and Murphy is                    

               likewise sustained.                                                                                                 



                       In view of the foregoing, the examiner's decision rejecting claims 1 through 3, 8 and 9 under 35            

               U.S.C. § 102(b) as being anticipated by McSherry is affirmed, as is the examiner’s decision rejecting               

               claims 4 through 6 under 35 U.S.C. § 103.                                                                           























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