Ex parte NEPOTE et al. - Page 11




          Appeal No. 1997-1231                                                        
          Application No. 08/308,985                                                  



               Therefore, we conclude that the suggested combination of               
          Roberts and Oda is improper and the Examiner has not                        
          established a prima facie case of obviousness to reject the                 
          independent claim 1.  Therefore, we do not sustain the                      
          rejection of claim 1 and its dependent claims 4 to 6, 7, 8 and              
          9 over Roberts and Oda.                                                     
                               Claims 2, 3, 10 and 11                                 
               These claims are rejected over Roberts, Oda and Ruff.                  
          Since all these claims depend on claim 1, directly or                       
          indirectly, they each contain at least the limitations                      
          discussed above with respect to claim 1.  Furthermore, the                  
          additional reference, Ruff, does not cure the deficiencies                  
          noted above in the rejection of                                             
          claim 1.  Therefore, we do not sustain the rejection of claims              
          2, 3, 10 and 11 over Roberts, Oda and Ruff for the same                     
          rationale as claim 1 above.                                                 








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