Ex parte BUSCEMI - Page 4




          Appeal No. 97-2552                                         Page 4           
          Application No. 08/541,658                                                  


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellant regarding the above-noted                    
          rejections, we make reference to the final rejection (Paper No.             
          15, mailed August 8, 1996) and the examiner's answer (Paper No.             
          20, mailed February 20, 1997) for the examiner's complete                   
          reasoning in support of the rejections, and to the appellant's              
          brief (Paper No. 19, filed January 22, 1997) for the appellant's            
          arguments thereagainst.                                                     


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  Upon evaluation of all the evidence before us, it is             
          our conclusion that the evidence adduced by the examiner is                 
          insufficient to establish obviousness with respect to any of the            
          claims on appeal.  Accordingly, we will not sustain the                     
          examiner's rejections under 35 U.S.C. § 103.  Our reasoning for             
          this determination follows.                                                 











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