Appeal No. 1998-2057 Page 4
Application 08/331,541
The full text of the examiner's rejection and responses
to the arguments presented by the appellants appears in the
answer (Paper No. 14), while the complete statement of the
appellants’ arguments can be found in the brief (Paper No.
13).
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants’ specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the
examiner. Upon evaluation of all of the evidence before us,
we find ourselves in agreement with the examiner's position
with respect to claims 23 through 31, but not with respect to
claims 18 through 22 and 32 through 35. Accordingly, we will
sustain the examiner's rejection of appealed claims 23 through
31 under 35 U.S.C. § 103, but we will not sustain the standing
35 U.S.C.
§ 103 rejection of claims 18 through 22 and 32 through 35.
As a preliminary matter, we note that on page 5 of the
brief, the appellants have indicated that the claims on appeal
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