Ex parte HAYDEN - Page 4




          Appeal No. 97-1265                                                          
          Application 07/981,274                                                      



          Claims 1-5 and 7-26 stand rejected under 35 U.S.C. §                        
          103.  As evidence of obviousness the examiner offers Perlman                
          in view                                                                     
          of Cree.                                                                    
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answer for                
          the respective details thereof.                                             


          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejection advanced by the examiner and the                      
          evidence of obviousness relied upon by the examiner as support              
          for the rejection.  We have, likewise, reviewed and taken into              
          consideration, in reaching our decision, the appellant’s                    
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejection and arguments in                      
          rebuttal set forth in the examiner’s answer.                                
          It is our view, after consideration of the record                           
          before us, that the evidence relied upon and the level of                   
          skill in the particular art would not have suggested to one of              

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