Ex Parte GOVER et al - Page 3




          Appeal No. 1999-0288                                                        
          Application No. 08/538,071                                 Page 3           


               Claims 8-11, 14-18, 20-25, 28-31, 33-36, 38, and 391 stand             
          rejected under 35 U.S.C. § 103(a) as unpatentable over Gover in             
          view of Wibecan.                                                            
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellants regarding the above-noted rejections,           
          we make reference to the examiner's answer (Paper No. 16, mailed            
          March 31, 1998) and the final rejection (Paper No. 6, mailed                
          April 3, 1997) for the examiner's complete reasoning in support             
          of the rejections, and to appellants' brief (Paper No. 15, filed            
          February 2, 1998) and reply brief (Paper No. 20, filed June 1,              
          1998) for appellants' arguments thereagainst.  Only those                   
          arguments actually made by appellants have been considered in               
          this decision.  Arguments which appellants could have made but              
          chose not to make in the brief have not been considered.  See 37            
          CFR 1.192(a).                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have carefully             
          considered the subject matter on appeal, the rejections advanced            
          by the examiner, and the evidence of obviousness relied upon by             


               1 The rejection of claims 37 and 40 under this ground has been withdrawn
          by the examiner (answer, page 4).                                           







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