Ex parte PEMBER - Page 3




          Appeal No. 98-0103                                         Page 3           
          Application No. 08/248,745                                                  


               Claims 10 through 22 stand rejected under 35 U.S.C. § 103 as           
          being unpatentable over Kluck in view of the absorptive materials           
          admitted on page 7 of the specification to be well known.                   


               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.           
          18, mailed March 12, 1997), the supplemental examiner's answer              
          (Paper No. 21, mailed June 5, 1997) and the second supplemental             
          examiner's answer (Paper No. 23, mailed July 2, 1997) for the               
          examiner's complete reasoning in support of the rejections, and             
          to the appellant's brief (Paper No. 17, filed February 12, 1997),           
          reply brief (Paper No. 19, filed May 9, 1997) and supplemental              
          reply brief (Paper No. 22, filed June 24, 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                   









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