Ex parte WELLMAN et al. - Page 3




          Appeal No. 96-0949                                                          
          Application 08/236,091                                                      


          Van Husen                     4,514,687                Apr. 30,             
          1985                                                                        
          Swenson                  4,613,804                Sep. 23, 1986             
          Laib                          4,714,124                Dec. 22,             
          1987                                                                        
               Claims 21, 26 and 30 stand rejected under 35 U.S.C. §                  
          103.  As evidence of obviousness, the examiner relies upon                  
          Laib in view of Swenson and Van Husen.                                      
               Rather than repeat the positions of the appellants and                 
          the examiner, reference is made to the briefs and the answer                
          for the respective details thereof.                                         


                                       OPINION                                        
               At the outset, we note that the subject matter of the                  
          parent application to this application was the subject of an                
          earlier appeal, Appeal No. 93-2239, in which a decision was                 
          rendered on August 13, 1993, and in which a rejection under 35              
          U.S.C. § 103 of certain claims on appeal was affirmed.                      
               We reverse the stated rejection of the claims on appeal                
          herein under 35 U.S.C. § 103.                                               
               Laib clearly relates to the disclosed and claimed                      
          invention, including substantially the preamble of                          
          representative claim 26, the magnetic sensor limitation, a                  
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