Ex Parte MARESCA et al - Page 7



          Appeal No. 1999-1543                                                        
          Application No. 08/456,762                                                  

          that Neal anticipates claim 1.  Therefore, we do not sustain the            
          anticipation rejection of claim 1, and also independent claims 9            
          and 14 since each contains similar recitation.  The rejection               
          of the dependent claims 2-6, 10, 11, 15 and 22 is also not                  
          sustained.                                                                  
               Neal in view of Ell                                                    
               Claims 17 and 18 are rejected as being obvious over Neal in            
          view of Ell, see final rejection at page 3.  We note that claim             
          17 has the same recited elements as claim 1 and further claims a            
          movable element and a mover responsive to said control signal               
          for moving said movable element.  Since Ell does not cure the               
          deficiency noted above in Neal regarding the recited language of            
          claim 1 which is also found in claim 17, we do not sustain the              
          obviousness rejection of claim 17, and its dependent claim 18               
          over Neal in view of Ell.                                                   
               In summary, we have sustained the anticipation rejection of            
          claim 1 by Ell; we have not sustained the anticipation rejection            












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