Ex parte LEGARE et al. - Page 5




          Appeal No. 95-3985                                                          
          Application No. 08/016,644                                                  


          § 103(a) as unpatentable over Nakahara in view of Bowers.                   
               Claim 11 is rejected under 35 U.S.C. § 103(a) as                       
          unpatentable over Imbalzano or Nakahara with Bowers in view of              
          Lagow (4,621,107).                                                          
               The examiner, in the Supplemental Examiner’s Answer,                   
          added three additional grounds of rejection which are as                    
          follows.                                                                    
               Claims 6, 10 and 17 are rejected under 35 U.S.C. § 103(a)              
          as unpatentable over Imbalzano or Nakahara in combination with              
          Bowers and further in view of Logothetis (4,972,038).                       
               Claims 6, 10 and 17 are rejected under 35 U.S.C. § 103(a)              
          as unpatentable over Imbalzano or Nakahara in combination with              
          Bowers and further in view of Brizzolara (3,682,872).                       
               Claims 6, 10 and 17 are rejected under 35 U.S.C. § 103(a)              
          as unpatentable over Imbalzano or Nakahara in combination with              
          Bowers and further in view of Apotheker (4,035,565).                        


                                       OPINION                                        
               At the outset, examiner and appellants have agreed upon                
          grouping of the claims into three separate and distinct                     
          groups. In contrast to their position, our decision is based                
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