Ex parte GAGNE et al. - Page 3




          Appeal No. 1997-2708                                                        
          Application No. 08/337,204                                                  

          Sparrow                  4,747,147                     May  24,             
          1988                                                                        
          Kimizu                   4,874,932                     Oct. 17,             
          1989                                                                        
               Claims 28 through 30, 33 through 36, 70, 72 through 74,                
          78 through 80, 83, 84, 88 through 90, 92, 117, 141 through                  
          146, 148 through 150, and 157 stand rejected under 35 U.S.C. §              
          102(b) as being anticipated by Sparrow.                                     
               Claims 31, 37, 38, 75, 91, 118, and 147 stand rejected                 
          under 35 U.S.C. § 103 as being unpatentable over Sparrow, with              
          the addition of Kimizu for claims 31, 37, and 38.                           
               Reference is made to the Examiner's Answer (Paper No. 19,              
          mailed February 4, 1997) for the examiner's complete reasoning              
          in support of the rejections, and to appellants' Brief (Paper               
          No. 17, filed November 22, 1996) and Supplemental Brief (Paper              
          No. 18, filed December 10, 1996) for appellants' arguments                  
          thereagainst.                                                               
                                       OPINION                                        
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by appellants and the examiner.  As a consequence of our                    
          review, we will reverse both the anticipation rejection of                  
          claims 28 through 30, 33 through 36, 70, 72 through 74, 78                  
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