Ex parte ROESSLER et al. - Page 4




          Appeal No. 98-2787                                                          
          Application 08/554,640                                                      


               would perform equally well with the positioning of                     
               the elastics of Roessler et al.”                                       


          Rather than further reiterate the examiner's position on                    
          the above rejection and the conflicting viewpoints advanced by              
          the examiner and appellants regarding the rejection, we refer               
          to pages 3 and 4 of the examiner's answer (Paper No. 13) and                
          to pages 8 through 16 of appellants’ brief (Paper No. 12) for               
          the full exposition thereof.                                                


          OPINION                                                                     


          In reviewing the obviousness issue raised in this appeal,                   
          we have carefully considered appellants’ specification and                  
          claims, the applied references, and the respective viewpoints               
          advanced by appellants and the examiner.  As a consequence of               
          our review, we have come to the conclusion, for the reasons                 
          which follow, that the examiner's rejection of the appealed                 
          claims is not well founded, and that the evidence relied upon               
          by the examiner does not support a conclusion of obviousness                
          with respect to the subject matter of claims 1 through 20 on                
          appeal.                                                                     
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