Ex parte BEIER et al. - Page 2




          Appeal No. 1998-0616                                                        
          Application No. 08/614,347                                                  




               The appellants’ invention is directed to a control shaft               
          arrangement.  A copy of the claims under appeal is set forth                
          in the appendix to the appellants’ brief (Paper No. 17).                    
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Matt           4,903,543                          Feb. 27, 1990             
          Morishima                   61-129291             Jun. 17, 1986             
          (Published Japanese Appl.)                                                  
               Claims 1 and 2 stand rejected under 35 U.S.C. § 102(b) as              
          anticipated by Matt.                                                        
               Claims 3 through 5 stand rejected under 35 U.S.C. § 103                
          as unpatentable over Matt in view of Morishima.1                            
               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejections, we make reference to the answer (Paper No. 20) for              
          the examiner’s complete reasoning in support of the                         
          rejections, and to the brief for the appellants’ arguments                  
          thereagainst.                                                               


               1In determining the teachings of Morishima, we will rely on the        
          translation provided by the PTO.  A copy of the translation is attached for 
          the appellants’ convenience.  Any reference in this decision to Morishima by
          page is to this translation.                                                
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