Ex parte SMITH - Page 3




                 Appeal No. 1996-0670                                                                                                                   
                 Application No. 08/043,388                                                                                                             


                 claims and decide the ground of rejection in this appeal on                                                                            
                 the basis of these claims alone.  See 37 CFR §                                                                                         
                 1.192(c)(5)(1993).  Claim 53 is illustrative of the subject                                                                            
                 matter on appeal and a copy of claim 53 is attached to this                                                                            
                 decision as an Appendix.                                                                                                               
                          The examiner has relied upon the following reference as                                                                       
                 evidence of obviousness:                                                                                                               
                 Sackoff et al. (Sackoff)      4,151,319          Apr. 24, 1979                                                                         
                          This merits panel of the Board cites and discusses the                                                                        
                 following reference:                                                                                                                   
                 Warrick                        2,560,498         July 10, 19512                                                                                                                         
                          Claims 2-5, 7-21, 23-26, 28-41 and 53-54 stand rejected                                                                       
                 under 35 U.S.C. § 103 as unpatentable over Sackoff (Answer,                                                                            











                          2This reference is cited and incorporated by reference on                                                                     
                 page 30 of appellant’s specification.  A copy of this                                                                                  
                 reference is attached to this decision.                                                                                                
                                                                           3                                                                            





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