Ex parte JOHNSTONE - Page 4




                 Appeal No. 1999-1764                                                                                                                   
                 Application No. 08/827,544                                                                                                             

                          The full text of the examiner’s rejections and response                                                                       
                 to the argument presented by appellant appears in the answer                                                                           
                 (Paper No. 20), while the complete statement of appellant’s                                                                            
                 argument can be found in the brief (Paper No. 19).3                                                                                    


                          In the brief (pages 2 and 3), appellant indicates that                                                                        
                 claims 1 through 8 stand or fall together.  Consistent with                                                                            
                 this statement, we focus our attention, infra, exclusively                                                                             
                 upon independent claims 1 and 6, with the remaining dependent                                                                          
                 claims respectively standing or falling therewith.                                                                                     


                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issues                                                                          
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellant’s specification and claims 1 and 6, the                                                                           
                 first declaration of David R. Johnstone executed February 2,                                                                           
                 1998,    4                                                                                                                             


                          3Receipt of the “NOTICE OF RECENT DECISION” (Paper No.                                                                        
                 21) is acknowledged.                                                                                                                   
                          4In paragraph 6 of this declaration, declarant indicates                                                                      
                 attendance at “two (2) trade shows” in 1996 where “the                                                                                 
                                                                           4                                                                            





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