Ex parte SWINKELS et al. - Page 5




          Appeal No. 98-2420                                                          
          Application No. 08/573,854                                                  


               The text of the examiner's rejection with regard to the                
          appealed claims and rebuttal to the arguments presented by                  
          appellants appears in the final rejection (Paper No. 9, mailed              
          January 30, 1997) and the examiner's answer (Paper No. 14,                  
          mailed November 19, 1997).  Rather that reiterate appellants'               
          position on the obviousness issues raised in this appeal, we                
          make reference to the main and reply briefs (Paper Nos. 13 and              
          15) for a complete statement of appellants' arguments.                      


          OPINION                                                                     


          Having carefully considered appellants' specification and                   
          claims, the applied Merrigan reference, and the respective                  
          viewpoints of appellants and the examiner, we have reached the              
          conclusion that the examiner's rejection of claims 1 through 5              
          under 35 U.S.C. § 103 is not well founded and, therefore, will              
          not be sustained.                                                           


          Like appellants, we find no teaching, suggestion, or                        
          incentive in the applied Merrigan reference which would have                
          made it obvious to one of ordinary skill in the art at the                  
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