Ex parte FISCHER - Page 4




          Appeal No. 1997-3178                                                        
          Application 08/464,069                                                      

               Claims 25, 26, and 29-46 stand rejected under 35 U.S.C.                
          § 102(b) as being anticipated by Cole.                                      
               Claims 25, 26, 29, 30, 32, 33, 36, 37, 39, and 43-46                   
          stand rejected under 35 U.S.C. § 102(b) as being anticipated                
          by Dziewit (WO 92/09161).                                                   
               Claims 25, 26, 29, 30, 32, 33, 36, 39, and 43-46 stand                 
          rejected under 35 U.S.C. § 102(e) as being anticipated by                   
          Kaufman.3                                                                   
               Claims 25, 26, 29-33, 35-39, and 43-46 stand rejected                  
          under 35 U.S.C. § 102(a) as being anticipated by Hardy.                     
               We refer to the Final Rejection (Paper No. 7) (pages                   
          referred to as "FR__") and the Examiner's Answer (Paper                     
          No. 14) (pages referred to as "EA__") for a statement of the                
          Examiner's position and to the Appeal Brief (Paper No. 13)                  
          (pages referred to as "Br__") and the Reply Brief (Paper                    
          No. 16) (pages referred to as "RBr__") for a statement of                   
          Appellant's arguments thereagainst.                                         
                                      OPINION                                         


            Since claim 37 parallels rejected claim 30, it appears3                                                                      
          that the statement of the rejection should include claim 37.                
          Appellant has assumed that claim 37 is included in the                      
          rejection.                                                                  
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