Ex parte JONES - Page 2




          Appeal No. 98-3327                                                          
          Application No. 08/606,651                                                  

          consideration as being drawn to a non-elected invention.  No                
          claims have been allowed.                                                   


               The appellant's invention is directed to an ophthalmic                 
          probe.  The claims on appeal have been reproduced in an                     
          appendix to the Brief.                                                      


                                    THE REFERENCE                                     
          Easley et al. (Easley)        5,441,496                Aug. 15,             
          1995                                                                        


                                    THE REJECTION                                     
               Claims 1, 4-6 and 20 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Easley.                                          
               The rejection is explained in Paper No. 6 (the final                   
          rejection).                                                                 
               The opposing viewpoints of the appellant have been                     
          expressed in the Brief.                                                     


                                       OPINION                                        
               As set forth in independent claim 1, the appellant’s                   

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