Ex parte LOREK et al. - Page 6




                 Appeal No. 1997-4118                                                                                                                   
                 Application No. 08/381,814                                                                                                             
                          Claim 11 stands rejected under 35 U.S.C. § 103 as being                                                                       
                 unpatentable over Brunnhofer in view of Nawrot as applied to                                                                           
                 claim 9 above, and further in view of Kerschbaumer.                                                                                    


                 Claims 13 and 14 stand rejected under 35 U.S.C. § 103 as                                                                               
                 being unpatentable over Brunnhofer in view of Nawrot "as                                                                               
                 applied to claims 9 and 11 above," and further in view of                                                                              
                 Hart.2                                                                                                                                 


                 Rather than attempt to reiterate the examiner's full                                                                                   
                 commentary with regard to the above-noted rejections and the                                                                           
                 conflicting viewpoints advanced by the examiner and appellants                                                                         
                 regarding the rejections, we make reference to the examiner's                                                                          
                 answer (Paper No. 16, mailed May 21, 1997) for the reasoning                                                                           
                 in support of the rejections, and to appellants’ brief (Paper                                                                          
                 No. 15, filed April 21, 1997) and reply brief (Paper No. 18,                                                                           
                 filed July 18, 1997) for the arguments thereagainst.                                                                                   


                                                                                                                                                       

                          2To the extent that claims 13 and 14 are dependent from                                                                       
                 claim 11, we understand this rejection to actually involve the                                                                         
                 combination of Brunnhofer in view of Nawrot and Kerschbaumer                                                                           
                 as applied to claim 11, taken further in view of Hart.                                                                                 
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