Ex parte KRUEGER et al. - Page 4




          Appeal No. 1996-2481                                       Page 4           
          Application No. 07/828763                                                   


                                       OPINION                                        
               In reaching our decision in this appeal, we considered                 
          the  subject matter on appeal and the rejections and evidence               
          advanced by the examiner.  We also considered the arguments of              
          the appellants and examiner.  After considering the record                  
          before us, we cannot say that the evidence anticipates the                  
          invention of claims 1-3, 11-15, and 42-45.  It is our view,                 
          however, that it  anticipates the invention of claims 16-18.                
          In addition, it is our view that the evidence and level of                  
          skill in the art would have suggested the invention of claims               
          19 and 20.  We cannot say, however, that these would have                   
          suggested the invention of claim 21.  Accordingly, we affirm-               
          in-part.  Our opinion considers the anticipation of claims 1-               
          3, 11-18, and 42-45 and the obviousness of claims 19-21                     
          seriatim.                                                                   


                    Anticipation of Claims 1-3, 11-18, and 42-45                      
               We begin our consideration of claims 1-3, 11-18, and 42-               
          45  by recalling that a prior art reference anticipates a                   
          claim only if it teaches expressly or inherently every                      
          limitation of the claim.  Absence of any limitation from the                







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