Ex parte BARTHEL et al. - Page 3




          Appeal No. 97-2723                                                          
          Application 08/320,091                                                      


          The examiner relies on the following references:                            
          Dummermuth et al. (Dummermuth)    4,442,504      Apr. 10, 1984              
          Klug et al. (Klug)                5,226,152      July 06, 1993              




          Claim 6 stands rejected under 35 U.S.C. § 112, second                       
          paragraph, for failing to particularly point out and                        
          distinctly claim the invention.  Claims 2-7 stand rejected                  
          under 35 U.S.C.  § 103.  As evidence of obviousness the                     
          examiner offers Dummermuth alone or Dummermuth in view of                   
          Klug.                                                                       
          Rather than repeat the arguments of appellants 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 rejections advanced by the examiner, the arguments              
          in support of the rejections and the evidence of obviousness                
          relied upon by the examiner as support for the obviousness                  
          rejection.  We have, likewise, reviewed and taken into                      

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