Ex parte RUSTENBURG - Page 3



                  Appeal No.  1997-3684                                                                                        
                  Application No.  08/468,010                                                                                  


                          The references relied upon by the examiner are:                                                      
                  Schaub                              4,664,696                    May 12, 1987                              
                  Iwasaki et al. (Iwasaki)             4,888,049                    Dec. 19, 1989                             
                  European Patent Application                                                                                  
                  Reinecke et al. (Reinecke)1 0,237,764 A3                    Sep. 23, 1987                                    


                                                GROUND OF REJECTION                                                            
                          Claims 1-9 and 11-13 stand rejected under 35 U.S.C. § 103 as being                                   
                  unpatentable over the combination of Schaub, Reinecke and Iwasaki.                                           
                          We reverse.                                                                                          
                                                       DISCUSSION                                                              
                          In reaching our decision in this appeal, we considered appellant’s                                   
                  specification and claims, in addition to the respective positions articulated by the                         
                  appellant and the examiner.  We make reference to the examiner’s Answer2 for the                             

                  examiner’s reasoning in support of the rejection.  We further reference appellant’s                          
                  Brief3, and appellants’ Reply Brief4 for the appellants’ arguments in favor of                               
                  patentability.  We note that the examiner entered the Reply Brief without comment5.                          



                                                                                                                               
                  1 We note that the examiner provided appellant with an English translation of this                           
                  reference.  See Answer, page 2, n. 1.                                                                        
                  2 Paper No. 10, mailed May 15, 1997.                                                                         
                  3 Paper No. 9, received January 21, 1997.                                                                    
                  4 Paper No. 11, received June 25, 1997.                                                                      
                  5 Paper No. 12, mailed July 30, 1997.                                                                        

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