Ex parte HEIKES - Page 2




              Appeal No. 1998-2598                                                                                        
              Application No. 08/549,078                                                                                  

                                                    BACKGROUND                                                            
                     The examiner relies on the following U.S. patents:                                                   
              Widdoes, Jr. (Widdoes)                     4,590,581                    May 20, 1986                        
              Butts et al. (Butts ‘231)                  5,452,231                    Sep. 19, 1995                       
                     Claims 1-12 stand rejected under 35 U.S.C. § 103 as being unpatentable over                          
              Butts ‘231 in view of Widdoes.                                                                              
                     We refer to the Final Rejection (mailed Aug. 23, 1996) and the Examiner's Answer                     
              (mailed Apr. 22, 1997) for a statement of the examiner's position and to the Brief (filed                   
              Jan. 21, 1997) and the Reply Brief (filed June 18, 1997) for appellant’s position with                      
              respect to the claims which stand rejected.                                                                 
                     The examiner has applied the teachings of Butts ‘231 in view of Widdoes against                      
              appellant’s claims.  Appellant submits arguments on pages 20 through 56 of the Brief                        
              against the combination that has been proposed.  Appellant submits separate arguments                       
              on pages 10 through 19 of the Brief with respect to why Butts ‘231 should not be                            
              considered prior art.                                                                                       
                     The instant application was filed on October 27, 1995.  According to appellant, as                   
              set forth on page 1 of the Brief, the instant application is a continuation of application                  
              08/173,730, filed Dec. 22, 1993, which in turn is a continuation of application 07/684,539,                 
              filed April 11, 1991.  The effective filing date of the instant application is thus taken to be             
              April 11, 1991.                                                                                             


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