Ex parte MUELLER - Page 5




          Appeal No. 1997-3814                                       Page 5           
          Application No. 08/601,461                                                  


               Claim 3 stands rejected under 35 U.S.C.  103 as being                 
          unpatentable over the references as applied to claim 1 above,               
          and further in view of Mueller.                                             


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the answer (Paper No. 11,                  
          mailed April 15, 1997) for the examiner's complete reasoning                
          in support of the rejections, and to the brief (Paper No. 10,               
          filed January 7, 1997) for the appellant's arguments                        
          thereagainst.                                                               


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  Upon evaluation of all the evidence before us, it                
          is our conclusion that the evidence adduced by the examiner is              
          insufficient to establish a prima facie case of obviousness                 
          with respect to the claims under appeal.  Accordingly, we will              







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