Ex parte WHIPPLE et al. - Page 3




          Appeal No. 1999-2209                                        Page 3           
          Application No. 09/069,355                                                   


          Morris et al.  (Morris)   4,686,600             Aug. 11, 1987                

          Foster et al.  (Foster)   4,823,225             Apr. 18, 1989                
          Mackenzie et al.          5,546,266             Aug. 13, 1996                
          (Mackenzie)                                                                  
               Claim 1 stands rejected under 35 U.S.C. § 103(a) as being               
          unpatentable over Morris in view of Mackenzie.                               
               Claims 2-13 stand rejected under 35 U.S.C. § 103(a) as                  
          being unpatentable over Morris in view of Mackenzie, and                     
          further in view of Foster.                                                   
               Rather than reiterate the conflicting viewpoints advanced               
          by the examiner and appellants regarding the above-noted                     
          rejections, we make reference to the examiner's answer (Paper                
          No. 9, mailed April 1, 1999) and the final rejection (Paper                  
          No. 4, mailed October 15, 1998) for the examiner's complete                  
          reasoning in support of the rejections, and to appellants'                   
          brief (Paper No. 8, filed February 25, 1999) and reply brief                 
          (Paper No. 10, filed                                                         
          May 17, 1999) for appellants' arguments thereagainst.  Only                  
          those arguments actually made by appellants have been                        
          considered in this decision.  Arguments which appellants could               









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