Ex parte EIPPER et al. - Page 3




               Appeal No. 1998-0682                                                                                                   
               Application 08/724,306                                                                                                 


                       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 Office action mailed January 31, 1997 (Paper No. 13) and the                      

               examiner’s answer (Paper No. 20, mailed November 4, 1997) for the reasoning in support of the                          

               rejections, and to appellants’ brief (Paper No. 17, filed September 10, 1997) for the arguments                        

               thereagainst.                                                                                                          



                                                             OPINION                                                                  



                       In reaching our decision in this appeal, we have given careful consideration to appellants’                    

               specification and claims, to the applied prior art references, and to the respective positions articulated             

               by appellants and the examiner.  As a consequence of our review, we have made the determinations                       

               which follow.                                                                                                          



                       In rejecting claim 1 under 35 U.S.C. § 103(a) based on Kennedy and Hitachi Cable, the                          

               examiner points out that Kennedy teaches a rolling billet formed by disposing two profiled slabs with a                

               thick portion of one slab facing a thin portion the other slab.  It is also noted that the slabs of Kennedy            

               are each formed by a casting operation.  Hitachi Cable is then relied upon to show that profiled strips                


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