Ex parte RIEHM - Page 6




          Appeal No. 1998-0558                                                        
          Application No. 08/564,942                                                  


          23-26, 30 and 31 stand or fall together.  In re Nielson, 816                
          F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987).  See                 
          also 37 CFR 1.192 c(7) and c(8) (1997).                                     
               Appealed claims 2-5, 8, 23-26, 30 and 34 stand rejected                
          under 35 U.S.C. § 103 as being unpatentable over Riehm or                   
          Berger or the admitted prior art in view of Yamasaki, or                    
          Yamasaki, taken alone, or in view of Riehm.                                 
               We have thoroughly reviewed appellant's arguments for                  
          patentability, as well as the declaration evidence relied upon              
          in support thereof.  However we are in complete agreement with              
          the                                                                         





          examiner that the claimed subject matter would have been                    
          obvious to one of ordinary skill in the art within the meaning              
          of § 103                                                                    
          in view of the applied prior art.  Accordingly, we will                     
          sustain the examiner's rejection for essentially those reasons              
          expressed in the answer.                                                    
               Appellant's specification characterizes the present                    
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