Ex parte MCATARIAN - Page 4




                 Appeal No. 1998-0030                                                                                     Page 4                        
                 Application No. 08/151,960                                                                                                             


                 rejection, we make reference to the answer (Paper No. 20,                                                                              
                 mailed June 19, 1997) for the examiner's complete reasoning in                                                                         
                 support of the rejection, and to the brief (Paper No. 19,                                                                              
                 filed April 7, 1997) for the appellant's arguments                                                                                     
                 thereagainst.                                                                                                                          


                                                                     OPINION                                                                            
                          In reaching our decision in this appeal, we have given                                                                        
                 careful consideration to the appellant's specification  and                                      3                                     
                 claims, to the applied prior art references, and to the                                                                                
                 respective positions articulated by the appellant and the                                                                              
                 examiner.  Upon evaluation of all the evidence before us,  it                                         4                                
                 is our conclusion that the evidence adduced by the examiner is                                                                         


                          3We note that AMENDMENT PRIOR TO FIRST OFFICE ACTION,                                                                         
                 filed July 11, 1994 (attached to a Request for Reconsideration                                                                         
                 of Petition to Obtain Filing Date, Paper No. 5) has not been                                                                           
                 entered as of the date of this decision.  The August 11, 1994                                                                          
                 Decision on Request for Reconsideration (Paper No. 6) states                                                                           
                 that this amendment "will be entered in due course."  The                                                                              
                 examiner is requested to take appropriate steps to ensure that                                                                         
                 this amendment is entered.                                                                                                             
                          4The product brochure on band-type folding referred to on                                                                     
                 page 4 of the brief and page 5 of the amendment, filed January                                                                         
                 26, 1995 (Paper No. 8) has not been considered since a copy                                                                            
                 thereof is not located in the application's filewrapper.                                                                               







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