Ex parte STEIN et al. - Page 5




                 Appeal No. 1997-2989                                                                                                                   
                 Application No. 08/280,343                                                                                                             


                          The Examiner’s rejection relies on the following                                                                              
                 reference:                                                                                                                             
                 Lewis et al. (Lewis)                                  5,303,042                                    Apr. 12,                            
                 1994                                                                                                                                   
                                                                                                                                                       
                          Claims 1 to 10, 12 to 15, 17 to 19, and 21 stand rejected                                                                     
                 under 35 U.S.C.  102  as being anticipated by Lewis.2                                                                                                
                 Rather than repeat the arguments of Appellants and the                                                                                 
                 Examiner, we make reference to the briefs  and the answer for             3                                                            
                 the respective details thereof.                                                                                                        
                 OPINION                                                                                                                                
                 We have considered the rejections advanced by the                                                                                      
                 Examiner and the supporting arguments.  We have, likewise,                                                                             
                 reviewed the Appellants’ arguments set forth in the briefs.                                                                            
                 It is our view that claims 1 to 10, 12 to 15, 17 to 19                                                                                 
                 and 21 are not anticipated by Lewis.  Accordingly, we reverse.                                                                         
                          In our analysis, we are guided by the requirements of                                                                         
                 anticipation under 35 U.S.C.  102.  Anticipation under 35                                                                             


                          2The Examiner withdrew the rejection under 35 U.S.C.                                                                         
                 112 [answer, page 2].                                                                                                                  
                          3A reply brief was filed as paper no. 22 and was approved                                                                     
                 for entry by the Examiner without further response [paper                                                                              
                 no. 23].                                                                                                                               
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