Ex parte GORDON - Page 3




          Appeal No. 1997-3164                                                        
          Application 08/397,024                                                      


          The examiner relies on the following reference:                             
          Schnetzer et al. (Schnetzer)       5,194,876      Mar. 16,                  
          1993                                                                        
          Claims 23 and 24 stand rejected under 35 U.S.C. § 103.                      
          As evidence of obviousness the examiner offers Schnetzer taken              
          alone.                                                                      
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answers for               
          the 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, the appellant’s                    
          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 answers.                               
          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              

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