Ex parte PACKRALL et al. - Page 3




                 Appeal No. 2000-0859                                                                                     Page 3                        
                 Application No. 08/777,668                                                                                                             


                          Claim 9 stands rejected under 35 U.S.C. § 102(b) as being                                                                     
                 anticipated by Rueter.1                                                                                                                


                          Claims 9 to 14, 16, 17 and 19 to 21 stand rejected under                                                                      
                 35 U.S.C. § 103 as being unpatentable over Rueter in view of                                                                           
                 Callahan.                                                                                                                              


                          Claims 15 and 18 stand rejected under 35 U.S.C. § 103 as                                                                      
                 being unpatentable over Rueter in view of Callahan as applied                                                                          
                 to claims 9 and 16 above, and further in view of Official                                                                              
                 Notice.                                                                                                                                


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           
                 rejections, we make reference to the answer (Paper No. 15,                                                                             
                 mailed February 26, 1999) for the examiner's complete                                                                                  
                 reasoning in support of the rejections, and to the brief                                                                               




                          1While the examiner has cited 35 U.S.C. § 102(b) as the                                                                       
                 basis for this rejection, it is clear that the correct basis                                                                           
                 for this rejection would be 35 U.S.C. § 102(e).                                                                                        







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