Ex parte KELLY - Page 7




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


          Murphy is sustained.                                                        

               While we have fully considered the arguments advanced by               
          appellant in the brief, we are not convinced thereby of any                 
          error in the examiner's position. Like the examiner, we note                
          that appellant has not expressly indicated in the brief exactly             
          why it would not have been obvious to the ordinarily skilled                
          artisan to modify Murphy in the manner posited by the examiner              
          in the rejection under 35  U.S.C. § 103. Instead, appellant has             
          merely made the broad assertion that the examiner has not                   
          provided a factual basis to support a prima facie case of                   
          obviousness.  As indicated above, we do not agree with this                 
          position.                                                                   

               For the  reasons  stated  in  the  examiner's  answer, as              
          amplified above, the decision of the examiner rejecting appealed            
          claims 6 and 7 under 35 U.S.C. § 103 is affirmed.                           






               No time period for taking any subsequent action in                     

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