Ex parte CAPPS - Page 3




                     Appeal No. 97-0191                                                                                                                                                
                     Application 08/331,151                                                                                                                                            


                                The Examiner relies on the following references:                                                                                                       

                     Sklarew                                               4,972,496                                             Nov. 20, 1990                                         
                     Norwood                                               5,063,600                                             Nov. 05, 1991                                         

                                Claims 1-4, 7-10, and 15-35 stand finally rejected under 35 U.S.C. § 102(b) as being                                                                   

                     anticipated by Sklarew.  Claims 11-14 and 36-38 stand finally rejected under 35 U.S.C. § 103 as                                                                   

                     being unpatentable over Sklarew in view of Norwood.                                                                                                               

                                Rather than reiterate the arguments of Appellants and the Examiner, reference is made to the                                                           
                     Brief  and Answer for the respective details thereof.2                                                                                                                                                          

                                                                                   OPINION                                                                                             

                                We have carefully considered the subject matter on appeal, the rejections advanced by the                                                                                                                                           

                     Examiner, the arguments in support of the rejections and the evidence of anticipation and obviousness                                                             

                     relied upon by the Examiner as support for the  rejections.  We have, likewise, reviewed and taken into                                                           

                     consideration, in reaching our decision, Appellants’ arguments set forth in the Brief along with the                                                              

                     Examiner’s rationale in support of the rejections and arguments in rebuttal set forth in the Examiner’s                                                           

                     Answer.                                                                                                                                                           

                                It is our view, after consideration of the record before us, that the disclosure of Sklarew does                                                       

                     not fully meet the invention as recited in claims 1-4, 7-10, and 15-35.  We are also of the view that the                                                         

                                2The Reply Brief filed May 28, 1996 was considered by the Examiner as not being limited to                                                             
                     new points of argument or to new grounds of rejection and was not entered.  Accordingly, the                                                                      
                     arguments in such Reply Brief have not been considered in this appeal.                                                                                            
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