Ex parte REDDY et al. - Page 3




          Appeal No. 96-1444                                                          
          Application 08/130,577                                                      

          referred to.  The appeal is indicated on the internal papers                
          setting the panel to be an "On Brief" case.  Mr. Feinberg did               
          not have the file in front of him when conversing with counsel              
          about whether a waiver had been received.                                   
               Therefore, the appeal was properly decided On Brief.  In               
          any case, appellants do not state what the remedy should be if              
          the decision was inadvertently made without an oral hearing                 
          assuming a request was in the file or assuming that the                     
          request was lost in the mail.  There is no denial of due                    
          process of law.  See 37 CFR § 1.194(a) (1998) ("An appeal                   
          decided without an oral hearing will receive the same                       
          consideration by the [Board] as appeals decided after oral                  
          hearing.").                                                                 


          Obviousness                                                                 
               Appellants discuss claim 1 and state that "[t]he other                 
          independent claims . . . differ from the prior art in ways                  
          similar to those described in conjunction with claim 1" (RR7).              
          Thus, the arguments and our response are limited to claim 1.                
               Appellants argue that our interpretation of images A, B,               
          C of Tatsumi as "independent" images "is at odds with the term              

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