Ex parte JOHNSON - Page 15




          Appeal No. 96-0776                                                          
          Application 07/953,539                                                      


          is capable of performing the functions stated in these claims in            
          the environment recited in the preambles.                                   
               In the course of sustaining the examiner's rejection of                
          certain of the claims, and in rendering the new rejection set               
          forth immediately above, we have carefully considered all of the            
          arguments presented by the appellant in the Brief.  However, they           
          have not persuaded us that these actions were in error.  Our                
          position with regard to each should be apparent from the                    
          foregoing discussions.                                                      
               Summary:                                                               
               The examiner's rejection of claims 11, 15 and 16 as being              
          unpatentable over Spinner in view of Booth is sustained.   All of           
          the other rejections made by the examiner are not sustained.                
               Pursuant to 37 CFR 1.196(b), claims 1, 2, 3, 5 and 10 are              
          newly rejected as being anticipated by Bellis.                              
               The decision of the examiner is affirmed-in-part.                      
               Any request for reconsideration or modification of this                
          decision by the Board of Patent Appeals and Interferences based             
          upon the same record must be filed within one month from the date           
          hereof (37 CFR § 1.197).                                                    




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