Ex parte BERRY - Page 4




          Appeal No. 1999-1740                                       Page 4           
          Application No. 08/799,433                                                  


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the answer (Paper No. 16,                  
          mailed February 26, 1999) for the examiner's complete                       
          reasoning in support of the rejections, and to the brief                    
          (Paper No. 15, filed November 16, 1998) for the appellant's                 
          arguments thereagainst.                                                     


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          The anticipation rejection                                                  
               We will not sustain the rejection of claims 1 to 4, 6 to               
          8 and 10 to 14 under 35 U.S.C. § 102(b).                                    










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