Ex parte MANIAR - Page 3




          Appeal No. 96-2697                                                          
          Application 08/215,170                                                      



          The examiner relies on the following reference:                             
          Lehrer                      4,654,269           Mar. 31, 1987               
          Claims 1-4 and 14-26 stand rejected under 35 U.S.C.                         
          § 112, first paragraph, as being based on an inadequate                     
          disclosure.  Claims 1-4 and 14-26 also stand rejected under                 
          35 U.S.C. § 103.  As evidence of obviousness the examiner                   
          offers Lehrer taken alone.  The Section 103 rejection is a new              
          ground of rejection in the examiner’s answer which reasserts a              
          rejection that was made and dropped during earlier prosecution              
          of this invention.                                                          
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs 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                      

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