Ex parte ASHTON et al. - Page 3




          Appeal No. 1997-0809                                                        
          Application 08/033,599                                                      

               Jolissaint et al. (Jolissaint)  5,276,440  January 4,                  
          1994                                                                        
                                                  (filed May 6,                       
          1991)                                                                       
               Dev et al. (Dev)              5,504,921    April 2,                    
          1996                                                                        
                              (effective filing date                                  
          September 17, 1990)                                                         

               Claims 9, 12, and 13 stand rejected under 35 U.S.C.                    
           102(e) as being clearly anticipated by Jolissaint.                        
               Claims 5-8 stand rejected under 35 U.S.C.  103 as                     
          being unpatentable over Jolissaint.                                         
               Claims 1, 3, and 4 stand rejected under 35 U.S.C.  103                
          as being unpatentable over Jolissaint and Dev.  This is a                   
          new ground of rejection entered in the Examiner's Answer.                   
               We refer to the Final Rejection (Paper No. 10), the                    
          Examiner's Answer (Paper No. 19) (pages referred to as                      
          "EA__"), and the Supplemental Examiner's Answer (Paper                      
          No. 21) (pages referred to as "SEA__") for a statement of                   
          the Examiner's position.  We refer to the substitute Appeal                 
          Brief filed January 26, 1996 (Paper No. 18) (pages referred                 
          to as "Br__") and the Reply Brief (Paper No. 20) (pages                     
          referred to as "RBr__") for a statement of Appellants'                      
          arguments thereagainst.                                                     

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