Ex parte FREEDMAN et al. - Page 8




          Appeal No. 1997-3611                                                        
          Application No. 08/439,414                                                  

          (1) Determine whether Rackovan is qualified as “prior art”                  
          for purposes of 35 U.S.C. §§ 102 and 103; and                               
          (2) Determine whether Freedman taken together with Rackovan                 
          (if qualified as “prior art”) and/or Dudley would have                      
          rendered the claimed subject matter obvious within the meaning              
          of 35 U.S.C.                                                                
          § 103.                                                                      

























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