Appeal No. 96-3204
Application 08/129,636
The examiner's explanation of the § 102(c) rejection
and the response to appellants' arguments appears on pages 3
through 5 of the examiner's answer (Paper No. 13, mailed
February 9, 1996). Appellants' arguments and viewpoints con-
cerning the examiner's rejection of the appealed claims are
found in the brief (Paper No. 12, filed November 6, 1995) and
in the reply brief (Paper No. 15, filed March 19, 1996).
OPINION
In arriving at our decision in this appeal, we have
carefully considered appellants' specification and claims, and
the respective positions advanced by appellants and the examiner.
As a consequence of our review, we have made the determination
that the examiner's rejection of claims 10 through 30 and 32
through 39 under 35 U.S.C. § 102(c) will not be sustained. Our
reasoning follows.
The facts giving rise to the rejection before us on
appeal are set forth on pages 3 and 4 of appellants' brief. On
page 2 of the examiner's answer, it is noted that the factual
background presented by appellants "is not contested." We have
carefully reviewed those facts and, essentially for the reasons
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