Ex parte LEVINE - Page 3




          Appeal No. 1998-2466                                       Page 3           
          Application No. 08/508,747                                                  

          Tysen et al. (Tysen)          5,497,422                Mar. 5,              
          1996                                                                        
               Claims 1, 6, and 7 stand rejected under 35 U.S.C. § 103                
          as being unpatentable over Haber in view of Tysen.                          
               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and appellant regarding the above-noted                     
          rejections, we make reference to the examiner's answer (Paper               
          No. 15, mailed April 14, 1998) for the examiner's complete                  
          reasoning in support of the rejections, and to appellant's                  
          brief (Paper No. 14, filed January 23, 1998) for appellant's                
          arguments thereagainst.  Only those arguments actually made by              
          appellant have been considered in this decision.  Arguments                 
          which appellant could have made but chose not to make in the                
          brief have not been considered.  See 37 CFR 1.192(a).                       
                                       OPINION                                        
               In reaching our decision in this appeal, we have                       
          carefully considered the subject matter on appeal, the                      
          rejection advanced by the examiner, and the evidence of                     
          obviousness relied upon by the examiner as support for the                  
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, appellant's arguments              
          set forth in the brief along with the examiner's rationale in               







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