Ex parte SCHRAIVOGEL et al. - Page 3




          Appeal No. 94-3349                                                          
          Application 07/757,085                                                      

          (European Patent)                                                           

                                   THE REJECTIONS                                     
                    Claims 9, 10, 33, 34 and 36-40 stand rejected under 35            
          U.S.C.  103 as unpatentable over Blonder and Kubo.                         
                    Rather than reiterate the entire arguments of the                 
          appellants and the examiner in support of their respective                  
          positions, reference is made to appellants' brief (Paper No. 21)            
          and reply brief (Paper No. 23), and the examiner's answer (Paper            
          No. 22) for the full exposition thereof.                                    
                                       OPINION                                        
          In reaching our conclusions on the issues raised in                         
          this appeal, we have carefully considered appellants'                       
          specification and claims, the applied references, and the                   
          respective viewpoints advanced by the appellants and the                    
          examiner.  As a consequence of our review, we have made the                 
          determination that the claimed subject matter would have been               
          obvious within the meaning of 35 U.S.C.  103.  Our reasons for             
          this determination follow.                                                  
                    The rejection before us is based upon lack of                     
          patentability under 35 U.S.C.  103.  Our current reviewing                 
          court, the Court of Appeals for the Federal Circuit and its                 
          predecessor, the Court of Customs and Patent Appeals, have                  

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