Ex parte CONGDON et al. - Page 3




          Appeal No. 96-3813                                                          
          Application No. 08/248,937                                                  


               In the Examiner's Answer (page 4), the examiner added a                
          new ground of rejection under 35 U.S.C. § 112, first                        
          paragraph.  Appellants filed an amendment to the claims with                
          the Reply Brief on August 12, 1996.  In a letter dated March                
          18, 1999, the examiner entered the amendment and stated that                
          the amendment                                                               
          overcomes the new ground of rejection.  Accordingly, the                    
          rejection under 35 U.S.C. § 112, first paragraph is not before              
          the Board as the examiner has withdrawn the rejection.                      
               Reference is made to the Examiner's Answer (Paper No. 17,              
          mailed June 13, 1996) and the Supplemental Examiner's Answer                
          (Paper No. 19, mailed October 10, 1996) for the examiner's                  
          complete reasoning in support of the rejections, and to the                 
          appellants' Brief (Paper No. 16, filed April 18, 1996) and                  
          Reply Brief (Paper No. 18, filed August 12, 1996) for the                   
          appellants' arguments thereagainst.                                         
                                       OPINION                                        
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by the appellants and the examiner.  As a consequence of our                


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