Ex parte NOBLE - Page 4




          Appeal No. 1998-3078                                       Page 4           
          Application No. 08/365,617                                                  


               Hayden                   5,498,889           Mar. 12,                  
               1996                                                                   
                                             (filed Dec. 12, 1994).                   
          Claims 1-15, 24, and 26-28 stand rejected under 35 U.S.C. §                 
          103 as obvious over Dhong in view of Hayden.  Rather than                   
          repeat the arguments of the appellant or examiner in toto, we               
          refer the reader to the briefs and answer for the respective                
          details thereof.                                                            


                                       OPINION                                        
               In deciding this appeal, we considered the subject matter              
          on appeal and the rejection advanced by the examiner.                       
          Furthermore, we duly considered the arguments and evidence of               
          the appellant and examiner.  After considering the totality of              
          the record, we are persuaded that the examiner erred in                     
          rejecting claims 1-15, 24, and 26-28.  Accordingly, we                      
          reverse.                                                                    


               We begin by noting the following principles from In re                 
          Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.               
          1993).                                                                      









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