Ex parte HONG et al. - Page 4




                 Appeal No. 1997-0594                                                                                                                   
                 Application No. 08/448,134                                                                                                             

                          Claims 1, 11, 13 and 17 are rejected under 35 U.S.C. §                                                                        
                 103 as being unpatentable over Unterberger et al. and Bartel                                                                           
                 et al.                                                                                                                                 
                          Claims 12 and 14 are rejected under 35 U.S.C. § 103 as                                                                        


                 being unpatentable over Unterberger et al., Bartel et al. and                                                                          
                 Rau.                                                                                                                                   
                          Claims 1, 11, 13 and 17 are rejected under 35 U.S.C. §                                                                        
                 103 as being unpatentable over Unterberger et al., Bartel et                                                                           
                 al., Blondeau and Piety.                                                                                                               
                          Claims 12 and 14 are rejected under 35 U.S.C. § 103 as                                                                        
                 being unpatentable over Unterberger et al., Bartel et al.,                                                                             
                 Blondeau, Piety and Rau.                                                                                                               


                          Rather than reiterate the arguments of the Appellants and                                                                     
                 the Examiner, reference is made to the Briefs  and Answer for                    2                                                     


                 Appellants submitted a terminal disclaimer on October 15, 1996                                                                         
                 which was accepted by the Examiner in the communication dated                                                                          
                 April 9, 1999.  Accordingly, the rejection based upon                                                                                  
                 obviousness type double patenting is not before us.                                                                                    
                          2Appellants filed an appeal brief on July 18, 1996.                                                                           
                 Appellants filed a reply brief on October 11, 1996.  On                                                                                
                 November 5, 1996 the Examiner mailed a communication stating                                                                           
                 that the reply brief has been entered and considered.  On                                                                              
                                                                           4                                                                            





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