Ex parte BERRY et al. - Page 3




          Appeal No. 96-1396                                                          
          Application 08/176,335                                                      


          The examiner relies on the following references:                            
          Muller                     4,984,152         Jan. 08, 1991                  
          Fleming et al. (Fleming)   5,140,677         Aug. 18, 1992                  
          (Filed May 11,                                                              
          1990)                                                                       
          Claims 1-15 stand rejected under 35 U.S.C. § 112,                           
          second paragraph, for failing to particularly point out and                 
          distinctly claim the invention.  Claims 1-15 also stand                     
          rejected under 35 U.S.C. § 103.  As evidence of obviousness                 
          the examiner offers Fleming and Muller taken together.                      
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the brief and the answer for                 
          the respective details thereof.                                             
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner, the arguments              
          in support of the rejections and the evidence of obviousness                
          relied upon by the examiner as support for the obviousness                  
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, the appellants’                    
          arguments set forth in the brief along with the examiner’s                  
          rationale in support of the rejections and arguments in                     

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