Ex parte LAPIDUS - Page 9




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

          declarant's opinion at item 17 on page 14 that "such claimed                
          subject matter is unobvious" is entitled to little if any                   
          weight since it amounts to an expression of ultimate legal                  
          conclusion.  In re Altenpohl, id.                                           
               The circumstances recounted above lead us to determine                 
          that the evidence of record on, balance, weighs most heavily                
          in favor of an obviousness conclusion.  We shall sustain,                   
          therefore, the section 103 rejection of claims 1 through 3, 8,              
          12 and 13 as being unpatentable over Zahniser in view of Hunt.              






















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