Ex parte SANSONE - Page 4




          Appeal No. 1997-4044                                       Page 4           
          Application No. 08/504,233                                                  


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


               In the brief (p. 3), the appellant stated that the claims              
          under appeal                                                                
               can be grouped into two groups:                                        
               Group 1: Claims 1, 3-10 which are directed to an                       
               apparatus and                                                          
               Group 2: Claims 11 and 13 -18 which are directed to a                  
               process.                                                               


               In accordance with the appellant's grouping of claims and              
          arguments provided, we need to review only the rejections of                
          independent claims 1 and 11 to decide the appeal on the                     
          rejections under 35 U.S.C. § 103 set forth above.                           


               The test for obviousness is what the combined teachings                
          of the references would have suggested to one of ordinary                   







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