Ex parte HERBERMANN - Page 4




          Appeal No. 97-2999                                         Page 4           
          Application No. 08/338,714                                                  


               Claims 33 and 35 through 40 stand rejected under 35                    
          U.S.C.                                                                      
          § 103 as being unpatentable over Kujawski in view of                        
          Wagenknecht.                                                                


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the § 103 and §                 
          112 rejections, we make reference to the examiner's answer                  
          (Paper No. 22, mailed March 17, 1997) for the examiner's                    
          complete reasoning in support of the rejections, and to the                 
          appellant's brief (Paper No. 21, filed December 23, 1996) and               
          reply brief (Paper No. 23, filed May 5, 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.  As a consequence of our review, we make the                      
          determinations which follow.                                                







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