Ex parte BALBIERZ et al. - Page 3




          Appeal No. 98-1936                                                          
          Application 08/316,933                                                      


          Claims 1 through 11 and 21 through 28 stand rejected                        
          under 35 U.S.C. § 102(e) as being anticipated by Wiesner.                   
          Rather than reiterate the examiner's statement of the                       
          above-noted rejection and the conflicting viewpoints advanced               
          by the                                                                      


          examiner and appellants regarding the rejection, we make                    
          reference to the final rejection (Paper No. 8, mailed November              
          12, 1996) and the examiner's answer (Paper No. 16, mailed                   
          December 23, 1997) for the examiner's reasoning in support of               
          the rejection, and to appellants’ brief (Paper No. 15, filed                
          November 20, 1997) and reply brief (Paper No. 17, filed                     
          February 17, 1998) for appellants’ 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 reference, and to the respective                   
          positions articulated by appellants and the examiner. As a                  
          consequence of our review, we have made the determination                   
          which follows.                                                              
          An anticipation under 35 U.S.C. § 102(b) is established                     
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