Ex parte AGNEW et al. - Page 5




          Appeal No. 96-3092                                                          
          Application 08/307,498                                                      


          the respective details thereof.                                             
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the                     
          evidence of obviousness relied upon by the examiner as support              
          for the prior art rejections.  We have, likewise, reviewed and              
          taken into consideration, in reaching our decision, the                     
          appellants’ arguments set forth in the briefs along with the                
          examiner’s rationale in support of the rejections and                       
          arguments in rebuttal set forth in the examiner’s answers.                  
          It is our view, after consideration of the record                           
          before us, that the claimed invention is operative and has                  
          utility within the meaning of 35 U.S.C. § 101.  We are also of              
          the view that the specification describes the claimed                       
          invention in a manner which complies with the first paragraph               
          of 35 U.S.C.      § 112.  Finally, we are of the view that the              
          evidence relied upon and the level of skill in the particular               
          art would not have suggested to one of ordinary skill in the                
          art the obviousness of the invention as set forth in claims                 
          14-30.  Accordingly, we reverse.                                            
          Appellants have indicated that for purposes of this                         
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