Ex parte BATTAT et al. - Page 2




          Appeal No. 2000-0291                                                               
          Application 08/873,958                                                             


          fusing surface that is deficient.  An understanding of the                         
          invention can be derived from a reading of exemplary claim 1,                      
          which appears in the appendix to the appellants’ brief.                            
                                       The prior art                                         
                The prior art references of record relied upon by the                        
          examiner in rejecting the appealed claims are:                                     
          Moxon                 3,604,239                        Sept. 14, 1971              
                The prior art admitted by the appellants to be old                           
          appearing on pages 1 to 2 of the specification.                                    
                                      The rejections                                         
                Claims 1 through 9 stand rejected under 35 U.S.C. § 103                      
          as being unpatentable over Applicant’s Admitted Prior Art                          
          (“AAPA”) in view of Moxon.                                                         
                Rather than reiterate the conflicting viewpoints advanced                    
          by the examiner and the appellants regarding the above-noted                       
          rejections, we make reference to the examiner's answer                             
          (Paper No. 10, June 7, 1999) for the examiner's complete                           
          reasoning in support of the rejection, and to the appellants’                      
          brief (Paper No. 9, filed May 24, 1999) for the appellants’                        
          arguments thereagainst.                                                            
                                          OPINION                                            
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