Ex parte KIRCHBERG - Page 4




              Appeal No. 1997-0211                                                                                        
              Application No. 08/252,288                                                                                  


                     Rather than reiterate the conflicting viewpoints advanced by the Examiner and the                    
              appellant regarding the above-noted rejections, we make reference to the Examiner's                         
              answer (Paper No. 11, mailed Aug. 8, 1996) for the Examiner's complete reasoning in                         
              support of the rejections, and to the appellant's brief (Paper No. 10, filed Jun. 24, 1996) for             
              the appellant's arguments thereagainst.                                                                     
                                                       OPINION                                                            

                     In reaching our decision in this appeal, we have given careful consideration to the                  
              appellant's specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by the appellant and the Examiner.  As a consequence of                    
              our review, we make the determinations which follow.                                                        
                                                       GROUP 1                                                            

                     Appellant argues that the Examiner has not presented a prima facie case of                           

              obviousness with respect to claim 1 (GROUP 1).  (See brief at pages 14-20.)  We                             
              disagree with appellant.  The Examiner has presented a case of obviousness of the claims                    
              in Group 1, albeit brief and succinct.  (See final rejection at pages iii-iv.)   The Examiner’s             
              position is basically that Maddali teaches essentially the same basic power                                 








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