Ex parte SELLS - Page 3





                 Appeal No. 96-3745                                                                                                                     
                 Application 08/269,916                                                                                                                 



                          Claims 1 and 12 stand rejected under 35 U.S.C. § 103 as                                                                       
                 being unpatentable over Sells in view of Garries.3                                                                                     



                          The text of the examiner's rejections and response to the                                                                     
                 argument presented by appellant appears in the final rejection                                                                         
                 and answer (Paper Nos. 4 and 7), while the statement of                                                                                
                 appellant’s argument can be found in the main and reply briefs                                                                         
                 (Paper Nos. 6 and 9).                                                                                                                  

                                                                     OPINION                                                                            
                          In reaching our conclusion on the issues raised on                                                                            
                 appeal, this panel of the board has carefully considered                                                                               
                 appellant’s specification and claims, the applied patents,4                                                                            
                 and the respective viewpoints of appellant and the examiner.                                                                           



                          3The final rejection of claim 3 on this same ground was withdrawn by the                                                      
                 examiner in the answer (pages 6 and 7).                                                                                                
                          4In our evaluation of the applied patents, we have considered all of the                                                      
                 disclosure thereof for what it would have fairly taught one of ordinary skill                                                          
                 in the art.   See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                                                         
                 Additionally, this panel of the board has taken into account not only the                                                              
                 specific teachings, but also the inferences which one skilled in the art would                                                         
                 reasonably have been expected to draw from the disclosure.  See In re Preda                                                            
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      

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