Ex parte LAPIDUS - Page 3




          Appeal No. 95-1950                                                          
          Application No. 08/061,928                                                  

          Mukogawa et al.     4,765,963                Aug. 23, 1988                  
          (Mukogawa)                                                                  
               Claims 1 through 3, 8, 12 and 13 are rejected under                    
          35 U.S.C. § 103 as being unpatentable over Zahniser in view of              
          Hunt.                                                                       
               Claims 1, 3 and 8 are rejected under 35 U.S.C. § 103 as                
          being unpatentable over Mukogawa, and claim 2 is                            
          correspondingly rejected over this reference and further in                 
          view of Hunt.                                                               
               Preliminarily, we observe that the independent claims                  
          have been separately grouped; see the paragraph bridging pages              
          6 and 7 of the brief.  Accordingly, the dependent claims on                 
          appeal will stand or fall with these independent claims.                    
               We refer to the brief and to the answer for a complete                 
          exposition of the opposing viewpoints expressed by the                      
          appellant and the examiner concerning the above noted                       
          rejections.                                                                 
                                       OPINION                                        
               For the reasons which follow, we will sustain the                      
          rejection based on Zahniser in view of Hunt, but we will not                
          sustain either of the rejections based on Mukogawa alone or                 
          further in view of Hunt.                                                    
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