Ex parte SHIEK - Page 4




          Appeal No. 1999-0266                                       Page 4           
          Application No. 08/290,678                                                  


          (2) Claims 6 and 12 under 35 U.S.C. § 103 as being                          
          unpatentable over Taigen in view of Creper or Schrieber, and                
          further in view of Welsand.                                                 


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the final rejection (Paper                 
          No. 25, mailed May 12, 1996) and the examiner's answer (Paper               
          No. 28, mailed November 18, 1996) for the examiner's complete               
          reasoning in support of the rejections, and to the appellant's              
          brief (Paper No. 27, filed September 23, 1996) for the                      
          appellant's arguments thereagainst.                                         


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, to the second                  
          declaration of John Schiek dated March 26, 1996 (attached to                
          Paper No. 23, filed March 29, 1996) and to the respective                   
          positions articulated by the appellant and the examiner.                    
          Upon evaluation of all the evidence before us, it is our                    







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