Ex parte FRANETZKI - Page 2




          Appeal No. 96-0943                                         Page 2           
          Application No. 08/142,832                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a hand-held dental                
          treatment apparatus using laser light.  An understanding of the             
          invention can be derived from a reading of exemplary claim 17               
          which appears in the appendix to the appellant's brief.                     


               The prior art references of record relied upon by the                  
          examiner as evidence of obviousness under 35 U.S.C. § 103 are:              
          Aihara                   4,608,980                Sep.  2, 1986             
          Nagasawa                 4,849,859                July 18, 1989             
          Daikuzono                5,151,097                Sep. 29, 1992             
                                                  (filed Aug. 28, 1990)               


               Claims 17 through 22 and 24 through 28 stand rejected under            
          35 U.S.C. § 103 as being unpatentable over Aihara in view of                
          Daikuzono and Nagasawa.                                                     


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellant regarding the § 103 rejection, we            
          make reference to the final rejection (Paper No. 20, mailed                 
          January 3, 1995) and the examiner's answer (Paper No. 23, mailed            
          June 12, 1995) for the examiner's complete reasoning in support             
          of the rejection, and to the appellant's brief (Paper No. 22,               
          filed April 26, 1995) for the appellant's arguments thereagainst.           







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