Ex parte KIMBRELL - Page 6




          Appeal No. 1997-0142                                                        
          Application No. 08/373,721                                                  

          examiner has not even acknowledged the fact that the                        
          appellant’s brief contains assertions of unexpected results.                
          Thus, on the record of this appeal, the appellant’s assertions              
          of nonobviousness have not been contested by the examiner and               
          thus must be accepted as persuasive.                                        
               For these reasons, we also cannot sustain the examiner’s               
          section 103 rejection over Farmer in view of Navratil.                      

























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