Ex parte AHIMOVIC et al. - Page 3




                 Appeal No. 1998-0498                                                                                                                   
                 Application No. 08/541,471                                                                                                             


                 collective teachings and suggestions of Tompkins, Laycock and                                                                          
                 Hosono, further in view of Nakayama and Hayden.1                                                                                       
                          Rather than repeat the positions of the appellants and                                                                        
                 the examiner, reference is made to the brief and the answer                                                                            
                 for the respective details thereof.                                                                                                    
                                                                     OPINION                                                                            
                          Turning initially to the rejection of claims 11 and 16 as                                                                     
                 being obvious over the collective teachings of Thompkins and                                                                           
                 Laycock, and the separately stated rejection of claim 14 in                                                                            
                 view of the further teachings provided by Nakayama, we sustain                                                                         
                 both of these rejections as to these three claims.  We do this                                                                         
                 simply because the brief submitted by appellants does not                                                                              
                 traverse the rejections of these claims, thus apparently                                                                               
                 confirming the merits of them.                                                                                                         
                          On the other hand, we reverse the rejections of all other                                                                     
                 claims on appeal under 35 USC § 103.  At the beginning of page                                                                         

                          1To the extent the examiner rejects all claims on appeal                                                                      
                 under 35 § USC 103, in light of the collective teachings of                                                                            
                 Tompkins in view of Laycock and Hosono at pages 2 and 6 of the                                                                         
                 answer, this will constitute a new ground of rejection as to                                                                           
                 claims 11, 14 and 16.  These views of the examiner at these                                                                            
                 pages appear to be an inaccurate summary of the rejections set                                                                         
                 forth in the final rejection which are set forth individually                                                                          
                 and correctly in the remaining parts of the answer.                                                                                    
                                                                           3                                                                            





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