Ex parte VAN NES - Page 8




          Appeal No. 95-1423                                                          
          Application 07/928,883                                                      

               Rather than reiterate the arguments of Applicant and the               
          Examiner, reference is made to the brief and answer for the                 
          respective details thereof.                                                 


                                       OPINION                                        
               After a careful review of the entire record including                  
          Applicant’s Brief and the Examiner’s Answer, we sustain the                 
          rejection of claims 40, 41, 61-68 and 75 for lack of written                
          description under 35 U.S.C. § 112, first paragraph.  We also                


          sustain the following rejections because we conclude that                   
          the claims would have been obvious to one of ordinary skill                 
          in the art within the meaning of 35 U.S.C. § 103 as follows:                
          (1) claims 40, 41, 61, 64-66, 68, 69 and 76-77 over Nopp in                 
          view of Havel; (2) claims 62, 63, 67 and 73 over Nopp in view               
          of Havel and further in view of Iwai; (3) claims 70-72 and 74-              
          75 over Nopp in view of Havel and further in view of PC                     
          Magazine or Staar.                                                          
               At the outset, we note that Appellant states on page 3 of              
          his brief that the claims are divided into two groups which                 
          stand or fall together:  (1) claims 40, 41, 61-68 and 75; and               

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