Ex parte STACEY et al. - Page 3




          Appeal No. 97-0313                                                          
          Application No. 08/346,083                                                  


               The examiner has withdrawn the final rejection of                      
          appealed claims 6 and 10 and has indicated that these claims                
          are allowable (see page 2 of Answer).                                       
               Regarding the rejection of claims 7-9 and 11-13 under                  
          35 U.S.C. § 103 over McAllister in view of French '510,                     
          appellants submit that the claims stand or fall together (see               
          page 9 of Brief).                                                           
               We have thoroughly reviewed each of appellants' arguments              
          for patentability, as well as the specification data relied                 
          upon in support thereof.  However, we are in full agreement                 
          with the examiner that the subject matter of appealed claims                
          7-9 and 11-13 would have been obvious to one of ordinary skill              
          in the art within the meaning of § 103 in view of the applied               
          prior art.  Accordingly, we will sustain the examiner's                     
          rejections for the reasons set forth in the Answer, which we                
          incorporate herein.  We add the following primarily for                     
          emphasis.                                                                   
               We consider first the rejection of claims 7-9 and 11-13                
          over McAllister in view of French '510.  There is no dispute                
          that the only difference between the monomers of McAllister,                
          which are used to produce a polymer for the core material of                

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