Ex parte ABBEY - Page 3




                 Appeal No. 98-2413                                                                                                                     
                 Application 08/763,549                                                                                                                 



                                   Claims 11 through 14 stand rejected under 35 U.S.C.                                                                  
                 § 103 as being unpatentable over Deacon in view of Swain.2                                                                             







                                   Rather than reiterate the examiner's full statement                                                                  
                 of the above-noted rejections and the conflicting viewpoints                                                                           
                 advanced by the examiner and appellant regarding those rejec-                                                                          
                 tions, we make reference to the examiner's answer (Paper No.                                                                           
                 11, mailed January 13, 1998) for the examiner's reasoning in                                                                           
                 support of the rejections, and to appellant's brief (Paper No.                                                                         
                 9, filed December 29, 1997) for appellant's arguments there-                                                                           
                 against.                                                                                                                               


                 OPINION                                                                                                                                




                          2As noted by the examiner on page 2 of the answer, the                                                                        
                 double patenting rejection found on pages 2-3 of the final                                                                             
                 rejection has been overcome by the filing of a terminal dis-                                                                           
                 claimer.                                                                                                                               
                                                                           3                                                                            





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