Ex parte GARDNER - Page 3




          Appeal No. 98-3306                                                          
          Application 08/866,014                                                      


          Rather than reiterate the examiner's full statement of                      
          the above-noted rejection and the conflicting viewpoints                    
          advanced by the examiner and appellants regarding the                       
          rejection, we make reference to the examiner's answer (Paper                
          No. 23, mailed                                                              
          May 20, 1998) for the examiner's reasoning in support of the                
          rejection, and to appellants’ brief (Paper No. 21, filed                    
          February 2, 1998) for appellants’ arguments thereagainst.                   


          OPINION                                                                     


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellants’ specification and claims,              
          to the applied prior art references, and to the respective                  
          positions articulated by appellants and the examiner.  As a                 
          consequence of our review, we have made the determination that              
          the examiner’s rejection will not be sustained.  Our reasons                
          follow.                                                                     


          Even if, as has been urged by the examiner, it would have                   
          been obvious to one of ordinary skill in the art to modify the              

                                          3                                           




Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007