Ex parte THELLER - Page 2




          Appeal No. 97-2451                                         Page 2           
          Application No. 08/260,635                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a hot tack tester.  A             
          copy of claims 1 and 2 appears in the appendix to the appellant's           
          brief.                                                                      


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          DTC Hot Tach Tester Operation Instructions   Prior to 11/1991               
          Topwave DTC Hot Tach Tester Brochure         Prior to 11/1991               



               Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as being           
          unpatentable over DTC Hot Tach Tester Operation Instructions in             
          view of Topwave DTC Hot Tach Tester Brochure.                               


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellant regarding the above-noted                    
          rejection, we make reference to the examiner's answer (Paper No.            
          14, mailed November 1, 1996) and the supplemental examiner's                
          answer (Paper No. 16, mailed January 14, 1997) for the examiner's           
          complete reasoning in support of the rejection, and to the                  
          appellant's brief (Paper No. 13, filed October 7, 1996) and reply           









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