Ex parte WUNDERLICH et al. - Page 4




                 Appeal No. 1999-2812                                                                                     Page 4                        
                 Application No. 08/724,049                                                                                                             


                          Claims 16 to 28 stand rejected under 35 U.S.C. § 103 as                                                                       
                 being unpatentable over Spencer in view of Molins.                                                                                     


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           
                 rejections,  we make reference to the answer for the1                                                                                                                  
                 examiner's complete reasoning in support of the rejections,                                                                            
                 and to the brief and reply brief (Paper No. 23, filed May 24,                                                                          
                 1999) for the appellants' arguments thereagainst.                                                                                      


                                                                     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.  As a consequence of our review, we make the                                                                                 
                 determinations which follow.                                                                                                           




                          1The rejection of claims 16 to 28 under the judicially                                                                        
                 created doctrine of double patenting set forth in the final                                                                            
                 rejection was withdrawn by the examiner in the answer (p. 10).                                                                         







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