Ex parte STEWART et al. - Page 2




          Appeal No. 96-1422                                                          
          Application 08/048,339                                                      


          Appellants have appealed to the Board from the examiner’s                   
          final rejection of claims 6 to 12, which constitute all the                 
          claims that remain in the application.                                      


               The following references are relied on by the examiner:                
          Harper et al. (Harper)        5,122,949                June 16,             
          1992                                                                        
          Berk et al. (Berk)            5,367,674                Nov. 22,             
          1994                                                                        
                                             (filed Dec. 13,                          
          1991)                                                                       

               Claims 6 to 12 stand rejected under 35 U.S.C.  103.  As               
          evidence of obviousness, the examiner relies on Berk in view                
          of Harper .2                                                                  
               Rather than repeat the positions of the appellants and                 
          the examiner, reference is made to the brief and the answer                 
          for the respective details thereof.                                         


                                       OPINION                                        


               An amendment filed after final rejection and entered by the examiner2                                                                     
          led the examiner to withdraw an outstanding rejection from the final rejection
          of claims 6 to 12 under the second paragraph of 35 U.S.C.  112.            
                                          2                                           





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