Ex Parte DESIMONE et al - Page 8



          Appeal No. 2001-1969                                                        
          Application No. 09/040,478                                                  

          rejection of claims 34 and 35 cannot be sustained.  As a final              
          point, we simply note that the examiner applied the respective              
          Mangano and Brune references for features other than the issue              
          addressed above, and we do not perceive that these documents                
          overcome the earlier explained deficiency of the Adams and “The             
          Joker’s Wild” disclosures.                                                  

               In summary, this panel of the board has sustained the                  
          rejection of claims 32 and 33 under 35 U.S.C. § 112, fourth                 
          paragraph, but has not sustained any of the examiner’s rejections           
          under 35 U.S.C. § 103(a).                                                   

               The decision of the examiner is affirmed-in-part.                      












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