Ex parte ADELL - Page 3




          Appeal No. 97-1473                                                          
          Application 08/492,376                                                      



               The examiner's statement of the rejections and response                
          to appellant's arguments appears on pages 3 through 5 of the                
          examiner's answer (Paper No. 8, mailed August 14, 1996).                    




          Appellant's viewpoints concerning the examiner's rejections of              
          the appealed claims are found in the brief (Paper No. 7, filed              
          May 17, 1996) and in the supplemental brief (Paper No. 12,                  
          filed April 7, 1998).                                                       

                                       0PINION                                        

               In arriving at our decision in this appeal, we have                    
          carefully considered appellant's specification and claims, the              
          applied references, and the respective viewpoints of appellant              
          and the examiner.  As a consequence of our review, we have                  
          made the determinations which follow.                                       

               Turning first to the examiner's rejection of claims 1                  
          through 7 under the judicially created doctrine of                          
          obviousness-type double patenting, we understand the                        
          examiner's position to be that the compact case set forth in                
                                          3                                           





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