Ex parte ACHTER et al. - Page 4




          Appeal No. 96-0760                                                          
          Application No. 08/051,210                                                  


          the former to detect nitrogen-containing compounds and the                  
          latter for detecting aromatic hydrocarbons.                                 
               Appellants submit at page 5 of the principal brief that                
          appealed claims 1, 2, 4 and 5 may be grouped together whereas               
          claim 3 should be separately considered on its own merits.                  
          Accordingly, appealed claims 1, 2, 4 and 5 stand or fall                    
          together.                                                                   
               Appealed claims 1 and 5 stand rejected under 35 U.S.C.                 
          § 103 as being unpatentable over Myers in view of Bruening,                 
          Tsuji and Thomas.  Claims 2-4 stand rejected under 35 U.S.C.                
          § 103 as being unpatentable over the stated combination of                  
          references in further view of Tanaka.                                       
               We have carefully considered the respective positions                  
          advanced by appellants and the examiner.  In so doing, we find              
          ourselves in complete agreement with the examiner that the                  
          claimed subject matter would have been obvious to one of                    
          ordinary skill in the art in view of the applied prior art.                 
          Accordingly, we will sustain the examiner's rejections for the              
          reasons set forth in the Answer, which we incorporate herein,               
          and we add the following primarily for emphasis.                            



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