Ex Parte ELLENBY et al - Page 3



         Appeal No. 1999-2075                                                    
         Application No. 08/482,944                                              

         offers Pryor alone with respect to claim 1, and Fellous in view of      
         Saunders with respect to claims 2-4.                                    
              Rather than reiterate the arguments of Appellants and the          
         Examiner, reference is made to the Brief (Paper No. 16) and Answer      
         (Paper No. 18) for their respective details.                            
                                      OPINION                                    
              We have carefully considered the subject matter on appeal, the     
         rejections advanced by the Examiner and the evidence of                 
         anticipation and obviousness relied upon by the Examiner as support     
         for the rejections.  We have, likewise, reviewed and taken into         
         consideration, in reaching our decision, Appellants’ arguments set      
         forth in the Brief along with the Examiner’s rationale in support       
         of the rejections and arguments in rebuttal set forth in the            
         Examiner’s Answer.                                                      
              It is our view, after consideration of the record before us,       
         that the Fellous reference fully meets the invention as set forth       
         in claim 1.  We are also of the view that the Examiner has not          
         established a prima facie case of obviousness with respect to claim     
         1 based on the Pryor reference, nor with respect to claims 2-4          
         based on the proposed combination of Fellous and Saunders.              
         Accordingly, we affirm-in-part.                                         

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