Ex parte EHRLICH - Page 4




          Appeal No. 96-3263                                                          
          Application No. 08/363,594                                                  


               Claims 7 and 8 stand rejected under 35 U.S.C.  103 as being           
          unpatentable over ANCRA Part No. 43451-11 and Series F track in             
          view of Berns, Watts and Ehrlich.                                           


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellant regarding the  103 rejections, we           
          make reference to the examiner's answer (Paper No. 23, mailed               
          April 29, 1996) for the examiner's complete reasoning in support            
          of the rejections, and to the appellant's brief (Paper No. 22,              
          filed February 16, 1996) for the appellant's arguments                      
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  Upon evaluation of all the evidence before us, it is             
          our conclusion that the evidence adduced by the examiner is                 
          insufficient to establish a prima facie case of obviousness with            
          respect to any of the claims on appeal.  Accordingly, we will not           
          sustain the examiner's rejection of claims 1 through 8 under                

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