Ex parte SIMMONS - Page 20




                 Appeal No. 1997-0595                                                                                    Page 20                        
                 Application No. 08/154,911                                                                                                             


                 the examiner to reject claims 7 and 8 under 35 U.S.C. § 103 as                                                                         
                 being unpatentable over Ottaviano '776 in view of Johnson and                                                                          
                 Engel is reversed.                                                                                                                     


                 The obviousness rejection utilizing Ottaviano '716                                                                                     
                          We sustain the rejection of claims 1 to 4 and 12-17 under                                                                     
                 35 U.S.C. § 103 as being unpatentable over Ottaviano '716.                                                                             


                          In the final rejection  (p. 8) and the answer (p. 6), the6                                                                                     
                 examiner set forth his rationale as to why claims 1 to 4 and                                                                           
                 12-17 would have been obvious under 35 U.S.C. § 103 over                                                                               
                 Ottaviano '716.                                                                                                                        


                          The appellant has not specifically contested this                                                                             
                 rejection based upon Ottaviano '716 in the brief, reply brief                                                                          
                 or response to examiner's reply.  Instead, the appellant                                                                               
                 argued why these claims were patentable over Ottaviano '776.                                                                           






                          6Paper No. 16, mailed February 28, 1996.                                                                                      







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