Ex parte CLAES - Page 4




          Appeal No. 1996-3076                                                         
          Application 08/118,773                                                       

               operation, 1988 ACM Sigmetrics Conference,                              
               May 24-27, 1988, pp. 197-206.                                           
               Claims 1, 2, 10, 16, 23, and 26 stand rejected under                    
          35 U.S.C. § 102(a) as being anticipated by Dieter.                           
               Claims 1, 2, 4-7, 9 -17, 20-24, and 26 stand rejected3                                                    
          under 35 U.S.C. § 103 as being unpatentable over Wade and                    
          Dieter.                                                                      
               We refer to the Final Rejection (Paper No. 24) and the                  
          Examiner's Answer (Paper No. 31) (pages referred to as                       
          "EA__") for a statement of the Examiner's position and to                    
          the Appeal Brief (Paper No. 30) (pages referred to as                        
          "Br__") for a statement of Appellant's arguments                             
          thereagainst.                                                                


                                      OPINION                                          
          Anticipation                                                                 
               The Examiner provides claim charts for independent                      
          claims 1 and 10.  These charts could be more detailed and                    
          responsive to Appellant's arguments.  We will supplement the                 
          claim charts with our own findings.  It is noted that while                  

            It is noted that claim 9 depends from canceled3                                                                       
          claim 8.                                                                     
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