Ex parte PICARD et al. - Page 4




          Appeal No. 95-3800                                                          
          Application 08/046,109                                                      


          rejection.  Claims 13-22 have been additionally rejected in                 
          the answer under 35 U.S.C.                                                  
          § 102(b) as being anticipated by the disclosure of Albright .2                
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the briefs and the answers for               
          the respective details thereof.                                             


          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the                     
          evidence of obviousness relied upon by the examiner as support              
          for the rejections.  We have, likewise, reviewed and taken                  
          into consideration, in reaching our decision, the appellants’               
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejections and arguments in                     
          rebuttal set forth in the examiner’s answers.                               
          It is our view, after consideration of the record                           
          before us, that the invention of claims 13-22 is neither                    


               Since Letwin was not included in the statement of any of the2                                                                     
          rejections of the claims, we have not considered the disclosure or the      
          teachings of Letwin in this decision.  Note In re Hoch, 428 F.2d 1341, 1342 
          n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).                                     
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