Ex parte GRUETZNER et al. - Page 3




                 Appeal No. 1997-3129                                                                                                                   
                 Application No. 08/301,743                                                                                                             

                          The Examiner relies on the following prior art:                                                                               
                 Sauerwald et al. (Sauerwald)                                   4,791,358                                    Dec.                       
                 13, 1988                                                                                                                               
                          Claims 1-20 stand finally rejected under 35 U.S.C.  103                                                                      
                 as being unpatentable over Sauerwald.1                                                                                                 
                          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                                                                          

                          1Although the Examiner’ statement of the grounds of                                                                           
                 rejection at page 4 of the Answer includes only claims 1-16,                                                                           
                 it is apparent from the record, including the final Office                                                                             
                 action dated April 24, 1996, that claims 1-20, all of the                                                                              
                 pending claims, are included in this appeal.  This is                                                                                  
                 confirmed by the Examiner’s confirmation (Answer, page 2) of                                                                           
                 Appellants’ statement of the status of the claims.                                                                                     
                          2The Appeal Brief was filed October 29, 1996.  In                                                                             
                 response to the Examiner’s Answer dated January 8, 1997, a                                                                             
                 Reply Brief was filed February 28, 1997 which was acknowledged                                                                         
                 and entered by the Examiner without further comment on April                                                                           
                 3, 1997.                                                                                                                               
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