Appeal No. 97-1133
Application 08/424,247
advanced by the examiner and appellant regarding the rejec-
tion, we make reference to the final rejection (Paper No. 17,
mailed November 27, 1995) and to the examiner's answer (Paper
No. 24, mailed October 17, 1996) for the examiner's complete
reasoning in support of the rejection, and to appellant's
brief (Paper No. 23, filed September 4, 1996) for appellant's
arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have
given careful consideration to appellant's specification and
claims, to the applied prior art references, and to the re-
spective positions articulated by appellant and the examiner.
As a consequence of
our review, we have made the determination that the examiner's
rejection of the appealed claims under 35 U.S.C. § 103 is not
well founded and will therefore not be sustained. However, we
have also decided to enter a new ground of rejection against
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