Ex parte SMITH et al. - Page 4




                 Appeal No. 1997-2658                                                                                                                   
                 Application No. 08/478,974                                                                                                             


                          Rather than reiterate the arguments of Appellants and the                                                                     
                 Examiner, reference is made to the Briefs  and Answer for the             2                                                            
                 respective details thereof.                                                                                                            
                                                                       OPINION                                                                          
                          We have carefully considered the subject matter on                                                                                                                            
                 appeal, the rejection advanced by the Examiner and the                                                                                 
                 evidence of obviousness relied upon by the Examiner as support                                                                         
                 for the rejection.  We have, likewise, reviewed and taken into                                                                         
                 consideration in reaching our decision, Appellants’ arguments                                                                          
                 set forth in the Briefs along with the Examiner’s rationale in                                                                         
                 support of the rejection and arguments in rebuttal set forth                                                                           
                 in the Examiner’s Answer.                                                                                                              
                          It is our view, after consideration of the record before                                                                      
                 us, that the evidence relied upon and the level of skill in                                                                            
                 the particular art would not have suggested to one of ordinary                                                                         
                 skill in the art the obviousness of the invention as set forth                                                                         
                 in claims 2-21 and 34-41.  We reach the opposite conclusion                                                                            



                          2The Appeal Brief was filed January 6, 1997.  In response                                                                     
                 to the Examiner’s Answer dated February 19, 1997 a Reply Brief                                                                         
                 was filed April 24, 1997, which was entered by the Examiner                                                                            
                 without further comment in the letter dated April 21, 1998.                                                                            
                                                                           4                                                                            





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