Ex parte DOWNS et al. - Page 3




          Appeal No. 1997-2683                                                        
          Application No. 08/590,016                                                  


          § 102(b) as being anticipated by Shutt.  In a separate                      
          rejection, claims 1 and 2 stand finally rejected under 35                   
          U.S.C. § 103 as being obvious over Shutt.                                   
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Brief and Answer for the                 
          respective details.                                                         


                                       OPINION                                        
               We have carefully considered the subject matter on                     
          appeal, the rejections advanced by the Examiner and the                     
          evidence of anticipation and obviousness relied upon by the                 
          Examiner as support for the rejections.  We have, likewise,                 
          reviewed and taken into consideration, in reaching our                      
          decision, Appellants’ arguments set forth in the Brief along                
          with the Examiner’s rationale in support of the rejections and              
          arguments in rebuttal set forth in the Examiner’s Answer.                   
               It is our view, after consideration of the record before               
          us, that Shutt does not fully meet the invention as set forth               
          in claims 1 and 2.  We are also of the view 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                  
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