Ex parte SPRINGMANN - Page 3




          Appeal No. 96-1802                                         Page 3           
          Application No. 08/060,922                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a gas sampling tube               
          for flue-gas analysis.  An understanding of the invention can               
          be derived from a reading of exemplary claim 12, which appears              
          in the appendix to the appellant's brief.                                   


               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Hölzl                    5,039,322                     Aug. 13,             
          1991                                                                        


               In addition, this panel of the Board will rely on                      
          admitted prior art as set forth on page 2, lines 8-17, of the               
          appellant's specification.                                                  


               Claims 2-4, 8-10 and 12 stand rejected under 35 U.S.C. §               
          103 as being unpatentable over Hölzl.                                       


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the examiner's answer (Paper                








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