Ex parte HUBBARD et al. - Page 3




                   Appeal No. 1999-0737                                                                                                                              
                   Application 08/655,176                                                                                                                            



                             Claims 1-6, 8-11, 14, 16, 17, 21, 23-25 and 27 stand rejected under 35 U.S.C. § 103 as                                                  
                   being unpatentable over Stamper in view of Spirg, Takahara and appellants’ admitted prior art.                                                    


                             Claims 12, 13, 18-20, 28 and 29 stand rejected under 35 U.S.C. § 103 as being unpatentable                                              
                   over Stamper, Spirg, Takahara and appellants’ admitted prior art as applied above, and, further in view                                           
                   of Wahl.2                                                                                                                                         


                             Rather than reiterate the examiner’s full statement of the above-noted rejections and the                                               
                   conflicting viewpoints advanced by the examiner and appellants regarding those rejections, we make                                                
                   reference to the examiner’s answer (Paper No. 15, mailed July 27, 1998) for the examiner’s reasoning                                              
                   in support of the rejections, and to appellants’ brief (Paper No. 14, filed June 4, 1998) for the                                                 
                   arguments thereagainst.                                                                                                                           


                                                                           OPINION                                                                                   


                             In reaching our decision in this appeal, we have given careful consideration to appellants’                                             
                   specification and claims, to the applied prior art references and admissions, and to the respective                                               
                   positions articulated by appellants’ and the examiner.  As a consequence of our review, we have made                                              
                   the determinations which follow.                                                                                                                  






                             2As indicated in the advisory action mailed May 1, 1998 the §112, second paragraph, rejection                                           
                   of claims 1-29 has been overcome by the revised amendment filed March 30, 1998 (Paper No. 10).                                                    

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