Ex parte BAILEY et al. - Page 3




                 Appeal No. 2000-0856                                                                                     Page 3                        
                 Application No. 08/676,623                                                                                                             


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           
                 rejection, we make reference to the answer (Paper No. 19,                                                                              
                 mailed September 16, 1999) for the examiner's complete                                                                                 
                 reasoning in support of the rejection, and to the brief (Paper                                                                         
                 No. 18, filed October 18, 1998) for the appellants' arguments                                                                          
                 thereagainst.                                                                                                                          


                                                                     OPINION                                                                            
                          In reaching our decision in this appeal, we have given                                                                        
                 careful consideration to the appellants' specification  and                                      2                                     
                 claims, to the applied prior art references, and to the                                                                                
                 respective positions articulated by the appellants and the                                                                             
                 examiner.  Upon evaluation of all the evidence before us, it                                                                           
                 is our conclusion that the evidence adduced by the examiner is                                                                         
                 insufficient to establish a prima facie case of obviousness                                                                            
                 with respect to the claim under appeal.  Accordingly, we will                                                                          




                          2The following change to the specification is suggested:                                                                      
                 On page 21, line 6, amend "Figure 4" to read --Figure 3--                                                                              
                 since Figure 3 depicts the second embodiment of the invention.                                                                         







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