Ex parte HOWARD et al. - Page 2




          Appeal No. 1999-0212                                                        
          Application No. 08/230,526                                                  


               The appellants’ invention is directed to a skull fiducial              
          marker method and apparatus.  The claims on appeal have been                
          reproduced in an appendix to the Brief.                                     


                                   THE REFERENCES                                     
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Guthrie et al.   (Guthrie)    5,230,623                Jul. 27,             
          1993                                                                        
          Gill                     2 213 066 A                   Sep.  8,             
          1989                                                                        
          (UK Patent Application)                                                     


                                    THE REJECTION                                     
               Claims 1, 4, 7-13, 15-18 and 21-23 stand rejected under                
          35 U.S.C. § 103 as being unpatentable over Guthrie in view of               
          Gill.                                                                       
                                       OPINION                                        
               Rather than attempt to reiterate the examiner’s full                   
          commentary with regard to the above-noted rejection and the                 
          conflicting viewpoints advanced by the examiner and the                     
          appellants regarding the rejection, we make reference to the                
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