Ex parte KELLY - Page 3




          Appeal No. 97-0374                                                          
          Application 08/310,493                                                      









          No. 9, mailed August 5, 1996) for the examiner's reasoning in               
          support of the above-noted rejection and to appellant’s brief               
          (Paper No. 8, filed May 8, 1996) for appellant’s arguments                  
          thereagainst.                                                               

          OPINION                                                                     

               Our evaluation of the obviousness issues raised in this                
          appeal has included a careful assessment of appellant’s                     
          specification and claims, the applied prior art reference, and              
          the respective positions advanced by appellant and the                      
          examiner.   As a consequence of our review, we will sustain                 
          the examiner's rejection of the appealed claims under 35                    
          U.S.C. § 103. Our reasoning follows.                                        

               Appellant’s arguments herein center on the fact that the               
          examiner has taken the position that it would have been an                  
          obvious matter of design choice to alter the shape of the                   

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