Ex parte KIRKPATRICK - Page 10




          Appeal No. 1997-0440                                                        
          Application No. 08/582,237                                                  
          Appellant’s arguments [brief, pages 28 to 33] are merely of                 
          general nature and can not serve as factual counter evidence                
          against the Examiner’s specific case of anticipation.                       
          Therefore, we sustain the anticipation rejection of claim 1                 
          and its grouped claims 2, and 5 to 7 over Veranth.          In              
          summary, we have sustained the anticipation rejection of                    
          claims 1, 2, and 5 to 7 over Beaudette or Veranth, while we                 
          have not sustained the rejection of claim 5 under 35 U.S.C. §               
          112, second paragraph.                                                      
               Accordingly, the decision of the Examiner rejecting                    
          claims 1, 2, and 5 to 7 is affirmed.                                        



















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