Ex parte CAVA et al. - Page 3




                 Appeal No. 95-3898                                                                                                                     
                 Application 08/156,953                                                                                                                 


                 view of Lichtenberg as to claims 1 to 3 and 6 to 8, with the                                                                           
                 addition of Kidoh as to claims 4 and 5.                               2                                                                
                          Rather than repeat the positions of the appellants and                                                                        
                 the examiner, reference is made to the brief and the answer                                                                            
                 for the respective details thereof.                                                                                                    


                                                                     OPINION                                                                            
                          Inasmuch as we are in agreement with the well-reasoned                                                                        
                 positions and legal-factual analysis of the teachings of the                                                                           
                 references expressed by the examiner in the responsive                                                                                 
                 arguments portion of the answer beginning at page 6 through                                                                            
                 the end of the answer, we will sustain both rejections of the                                                                          
                 claims under 35 U.S.C. § 103.  We will not, for the sake of                                                                            
                 brevity, repeat that which has been clearly set forth by the                                                                           
                 examiner in this portion of the answer.  To round-out the                                                                              
                 examiner’s detailed art-based analysis of the claimed                                                                                  
                 invention and teachings and suggestions of the references                                                                              
                 relied upon and appellants’ arguments, we add the following.                                                                           


                          2As indicated at pages 2 and 10 to 11 of the answer, the                                                                      
                 examiner has withdrawn a rejection of claim 8 under the second                                                                         
                 paragraph of 35 U.S.C. § 112.                                                                                                          
                                                                           3                                                                            





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