Ex parte STEFANSKY et al. - Page 4




                     Appeal No. 1998-0204                                                                                                                                              
                     Application 08/501,542                                                                                                                                            


                     anticipated by, or in the alternative under 35 U.S.C. § 103 as                                                                                                    
                     being unpatentable over Sampietro.                                                                                                                                
                                          Claims 2 and 3 stand rejected under 35 U.S.C. § 103                                                                                         
                     as being unpatentable over Sampietro.                                                                                                                             
                                           Claims 5, 10 and 14 stand rejected under 35 U.S.C.                                                                                          
                     § 103 as being unpatentable over Sampietro in view of Kelsic.                                                                                                     


                                           Claims 5, 10 and 14 stand rejected under 35 U.S.C.                                                                                          
                     § 103 as being unpatentable over Sampietro in view of                                                                                                             
                     Campbell.          1                                                                                                                                              
                                           Rather than repeat the arguments of Appellants or                                                                                           
                     the Examiner, we make reference to the brief and the answer                                                                                                       
                     for the details thereof.                                                                                                                                          
                                                                                   OPINION                                                                                             
                                           After a careful review of the evidence before us, we                                                                                        
                     agree with the Examiner that claims 1, 4, 6 through 9, 11                                                                                                         
                     through 13, 15 and 18 through 22 are properly rejected under                                                                                                      
                     35 U.S.C.   § 102(e), and in the alternative under 35 U.S.C. §                                                                                                    



                                1 A rejection of claims 1-5 under 35 U.S.C. § 112,                                                                                                     
                     paragraph 2, was withdrawn, see answer-page 4.                                                                                                                    
                                                                                          4                                                                                            





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