Ex parte SHYR et al. - Page 3




          Appeal No. 1996-3194                                                        
          Application 08/218,802                                                      


          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the main brief and the answer                
          for the respective details thereof.                                         




          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejection advanced by the examiner and the                      
          evidence of anticipation relied upon by the examiner as                     
          support for the rejection.  We have, likewise, reviewed and                 
          taken into consideration, in reaching our decision, the                     
          appellants’ arguments set forth in the brief along with the                 
          examiner’s rationale in support of the rejection and arguments              
          in rebuttal set forth in the examiner’s answer.                             
          It is our view, after consideration of the record                           
          before us, that the disclosure of DeBalko does fully meet the               
          invention as set forth in claims 1, 6, 8 and 9.  We reach the               
          opposite conclusion with respect to claims 2-5 and 7.                       
          Accordingly, we affirm-in-part.                                             
          Anticipation is established only when a single prior                        
          art reference discloses, expressly or under the principles of               
                                         -3-                                          





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