Ex parte HAYTER - Page 5




          Appeal No. 1999-2263                                                        
          Application 08/581,721                                                      


          The examiner relies on the following references:                            
          Yanai et al. (Yanai)         5,544,347          Aug. 6, 1996                
          (filed Apr. 23, 1993)                                                       
          The admitted prior art described in appellant’s specification.              
          Claims 1, 5 and 6 stand rejected under 35 U.S.C. §                          
          103.  As evidence of obviousness the examiner offers Yanai in               
          view of the admitted prior art.                                             
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answer for                
          the respective details thereof.                                             
          OPINION                                                                     
          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, the appellant’s                    
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejection and arguments in                      
          rebuttal set forth in the examiner’s answer.                                
          It is our view, after consideration of the record                           
          before us, that the evidence relied upon and the level of                   

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