Ex parte DIRKS - Page 10




          Appeal No. 97-2696                                                          
          Application 08/231,657                                                      


          Appellant’s arguments [brief, pages 13 to 14] and Examiner’s                
          position [answer, pages 5, 6, 8 and 9] in regard to these                   
          claims.  Claims 16 and 21 depend on the independent claims 6                
          and 17 respectively and, therefore, contain at least the same               
          limitations as discussed in regard to claims 6 and 17.  Since               
          Abramson does not cure the deficiencies of Orbits in regard to              
          those limitations, the obviousness rejection of claims 16 and               
          21 is also not sustained.                                                   
                    In summary, we have not sustained the anticipation                
          rejection of claims 1, 2, 6, 7, 10 to 13, 15, 17 to 20, 22 and              
          23 over Perazzoli.  We have not sustained the anticipation                  
          rejection of  claims 1, 2, 5 to 7, 9 to 15, 17 to 20, 22 and                
          23 over Orbits.  We also have not sustained the obviousness                 
          rejection of claims 16 and 21 over Orbits and Abramson.                     
                                      DECISION                                        
                    The decision of the Examiner rejecting claims 1, 2,               
          6, 7, 10 to 13, 15, 17 to 20, 22 and 23 under 35 U.S.C. § 102               
          over Perazzoli, rejecting claims 1, 2, 5 to 7, 9 to 15, 17 to               
          20, 22                                                                      




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