Ex parte DAYTON - Page 3







                through 6, 8, 9 and 18 through 24 stand rejected under 35 U.S.C.                                                              
                § 103 as being unpatentable over Georgiou and Franaszek.                                                                      





                         Rather than repeat the arguments of Appellant or the                                                                 
                Examiner, we make reference to the briefs  and the answer for        2                                                        
                the details thereof.                                                                                                          
                                                                 OPINION                                                                      
                         After a careful review of the evidence before us, we do not                                                          
                agree with the Examiner that claims 1, 2, 6 and 21 through 24                                                                 
                are anticipated under 35 U.S.C. § 102 by Georgiou or that claims                                                              
                1 through 6, 8, 9 and 18 through 24 are unpatentable under 35                                                                 
                U.S.C. § 103 over Georgiou and Franaszek.                                                                                     


                         2Appellant filed an appeal brief on July 6, 1994.  We will                                                           
                refer to this appeal brief as simply the brief.  Appellant filed                                                              
                a reply appeal brief on November 7, 1994.  We will refer to this                                                              
                reply appeal brief as the reply brief.  The Examiner responded to                                                             
                the reply brief in a supplemental response, mailed March 20,                                                                  
                1995, stating that the reply brief has been entered and                                                                       
                considered and that no further response by the Examiner is deemed                                                             
                necessary.  The Appellant also filed an amendment after appeal to                                                             
                the claims on November 7, 1994.  In the supplemental response,                                                                
                March 20, 1995, the Examiner indicates that the amendment has                                                                 
                been entered into the record.  We note that the record has not                                                                
                entered this amendment and direct the Examiner to formally enter                                                              
                this amendment upon receiving the file from the board.  For                                                                   
                purposes of this appeal, we will consider the amendment entered                                                               
                and consider these claims before us on appeal.                                                                                
                                                                      3                                                                       





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