Ex parte ZLOTNIK et al. - Page 3




                 Appeal No. 1999-1816                                                                                     Page 3                        
                 Application No. 08/370,540                                                                                                             


                          Claims 1 to 8, 10, 16, 24 and 30 to 43 stand rejected                                                                         
                 under 35 U.S.C. § 103 as being unpatentable over Zlotnik in                                                                            
                 view of Tisbo.                                                                                                                         


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           
                 rejection, we make reference to the answer for the examiner's                                                                          
                 complete reasoning in support of the rejection, and to the                                                                             
                 brief (Paper No. 18, filed August 26, 1998) and reply brief                                                                            
                 (Paper No. 20, filed January 8, 1999) for the appellants'                                                                              
                 arguments thereagainst.2                                                                                                               


                                                                     OPINION                                                                            
                          In reaching our decision in this appeal, we have given                                                                        
                 careful consideration to the appellants' specification and                                                                             
                 claims, to the applied prior art references, and to the                                                                                
                 respective positions articulated by the appellants and the                                                                             


                          2Since the other ground of rejection set forth in the                                                                         
                 final rejection (Paper No. 13, mailed March 31, 1998) was not                                                                          
                 set forth in the examiner's answer we assume that this other                                                                           
                 ground of rejection has been withdrawn by the examiner.  See                                                                           
                 Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).                                                                                       







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