Ex parte WAGGENER et al. - Page 3




                     Appeal No. 1997-0637                                                                                                                                              
                     Application 08/265,965                                                                                                                                            


                                The Examiner’s rejection  relies on the following   3                                                                                                  
                     reference:                                                                                                                                                        
                                Livay et al. al. (Livay)                                                   5,359,568                       Oct. 25,                                    
                     1994                                                                                                                                                              
                                Claims 1 through 20 stand rejected under 35 U.S.C. § 102                                                                                               
                     as being anticipated by Livay.                                                                                                                                    
                     Rather than repeat the arguments of Appellants or the                                                                                                             
                     Examiner, we make reference to the briefs  and the answer for                           4                                                                         
                     the respective details thereof.                                                                                                                                   
                     OPINION                                                                                                                                                           
                     We have considered the rejections advanced by the                                                                                                                 
                     Examiner and the supporting arguments.  We have, likewise,                                                                                                        
                     reviewed the Appellants’ arguments set forth in the briefs.                                                                                                       
                     It is our view that claims 1 to 20 are not anticipated by                                                                                                         
                     Livay.  Accordingly, we reverse.                                                                                                                                  


                                3 The Examiner has also listed in the Examiner’s answer                                                                                                
                     Burrows, U.S. Patent 5,303,302 and Wirth, a publication                                                                                                           
                     entitled “Algorithms+ ...”.  However, they are not relied on                                                                                                      
                     in the rejection on appeal.  As such, they are not discussed                                                                                                      
                     here.                                                                                                                                                             
                                4 A reply brief was filed on Jul. 8, 1996 and was entered                                                                                              
                     in the record on Aug. 5, 1996 without any further response by                                                                                                     
                     the examiner.                                                                                                                                                     
                                                                                          3                                                                                            





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