Ex parte HAYES - Page 5




                 Appeal No. 95-0311                                                                                                                     
                 Application No. 07/976,846                                                                                                             


                 examiner notified appellant that the amendment would not be                                                                            
                 entered because the amendment was not submitted in a separate                                                                          
                 paper and that if the amendment were submitted in a separate                                                                           
                 paper, the amendment would be entered and the objection to the                                                                         
                 claims would be withdrawn.  On September 17, 1996, appellant                                                                           
                 filed an amendment (Paper No. 14) and a Reply Brief (Paper No.                                                                         
                 15).  Upon receipt of the Reply Brief, the examiner issued a                                                                           
                 Supplemental Examiner’s Answer (Paper No. 16), superseding the                                                                         
                 original Answer.  The rejections  before us are as follows:2                                                                            
                          Claims 1, 3/1, 4/1, 5/1, 6, 8, 10/1 and 11/1 stand                                                                            
                 rejected under 35 U.S.C. § 102(b) as being anticipated by or,                                                                          
                 in the alternative, under 35 U.S.C. § 103 as being obvious                                                                             
                 over Murayama.                                                                                                                         
                          Claims 2, 3/2, 4/2, 5/2, 7, 9, 10/2 and 11/2 stand                                                                            
                 rejected under 35 U.S.C. § 103 as being unpatentable over                                                                              
                 Murayama in view of Karrer, Ikenaga and appellant's admission.                                                                         
                          After carefully considering appellant's arguments                                                                             
                 presented in the Brief (Paper No. 8) and the Reply Brief                                                                               


                          2We have restated each rejection to set forth the                                                                             
                 multiply dependent claims as grouped by the Examiner and                                                                               
                 Appellant.  Compare page 2 of the Supplemental Answer with                                                                             
                 page 1 of the Reply Brief.                                                                                                             
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