Ex parte MURPHY - Page 4




          Appeal No. 1998-1773                                       Page 4           
          Application No. 08/609,303                                                  


               Claims 26, 27, 30, 32, 33, 36, 38, 43, 45 and 50 stand                 
          rejected under 35 U.S.C. § 103 as being unpatentable over                   
          Brunker in view of Schantz and Dohi.                                        


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the examiner's answer (Paper               
          No. 13, mailed January 12, 1998) for the examiner's complete                
          reasoning in support of the rejections, and to the appellant's              
          brief (Paper No. 11, filed December 19, 1997) and reply brief               
          (Paper No. 14, filed March 13, 1998) 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                  
          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                
          is our conclusion that the evidence adduced by the examiner is              
          insufficient to establish a prima facie case of obviousness                 







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