Ex parte AMELL et al. - Page 5




                 Appeal No. 1999-2637                                                                                                                   
                 Application 08/813,864                                                                                                                 


                 as obvious over Botterill, Marisetty, and Clark.  Rather than                                                                          
                 repeat the arguments of the Appellants and Examiner, we refer                                                                          
                 the reader to the Appellants’ Brief  and Examiner’s Answer  for1                                      2                               
                 the respective details thereof.                                                                                                        


                                                                     OPINION                                                                            
                          With full consideration being given the subject matter on                                                                     
                 appeal, the Examiner’s rejection and the arguments of                                                                                  
                 Appellants and Examiner, for the reasons stated infra, we will                                                                         
                 reverse the Examiner’s rejection of claims 1, 17, and 19 under                                                                         
                 35 U.S.C.     § 103(a) as being unpatentable over Botterill                                                                            
                 and Marisetty.  We will reverse the Examiner’s rejection of                                                                            
                 claims 2, 5-8, 11-16, 18, 20, and 21 under 35 U.S.C. § 103(a)                                                                          
                 as being unpatentable over Botterill, Marisetty and Ashkin.                                                                            
                 We will also reverse the Examiner’s rejection of claims 3, 4,                                                                          




                          1Appellants filed an Appeal Brief for Applicants on                                                                           
                 August 21, 1998.  Appellants filed a Supplemental Appeal Brief                                                                         
                 for Applicants (“Brief”) on November 20, 1998.                                                                                         

                          2The Examiner, in response to Appellants’ Brief, mailed                                                                       
                 an Examiner's Answer on May 14, 1999.                                                                                                  
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