Ex parte HERR et al. - Page 3




          Appeal No. 97-3199                                                          
          Application No. 08/273,767                                                  


          second paragraph, as being indefinite.                                      
               Claims 1 and 8 stand rejected under 35 U.S.C. § 102(b) as              
          being anticipated by Knief.                                                 
               Claims 2 and 3 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Knief.                                              
               Claims 1, 4, 6, and 8 stand rejected under 35 U.S.C.                   
          § 102(b) as being anticipated by Gilles.                                    
               The full text of the examiner's rejections and response                
          to the argument presented by appellants appears in the main                 
          and supplemental answers (Paper Nos. 15 and 17), while the                  
          complete statement of appellants’ argument can be found in the              
          main and reply briefs (Paper Nos. 14 and 16).                               
               In the main brief (page 8), appellants indicate, relative              
          to the art rejections, that claims 4, 6, and 8 stand or fall                
          with independent claim 1, and that claims 2 and 3 are argued                
          separately and do not stand or fall with claim 1. As to the                 
          rejection under 35 U.S.C. § 112, second paragraph, appellants               
          state that claim 3 stands or falls with claim 2.                            


                                       OPINION                                        
               In reaching our conclusion on the issues raised in this                
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