Ex parte STEFANSKY - Page 3




              Appeal No. 1998-0690                                                                                     
              Application No. 08/562,796                                                                               


                     control means, mounted on said bottom of said base, for generating control signals                
              to control said actuator means and for providing information signals to and receiving                    
              information signals from said interactive means.                                                         
                     The prior art references of record relied upon by the examiner in rejecting the                   
              appealed claims are:                                                                                     
              Morehouse et al. (Morehouse)              4,933,785                   Jun. 12, 1990                      
                                                                             (Filed Mar.  01, 1988)                    
                     Claims 1-5, 19, 23-25 and 28-33 stand rejected under obvious-type double                          
              patenting over claims 1, 7-9, 14 and 16 of US Patent 5,025,335.  Claims 1-5, 19, 23-25                   
              and 28-33 stand rejected under 35 U.S.C. § 103 as being unpatentable over Morehouse.                     
              The examiner has further set forth an objection to claims which we will not address since                
              such formal matters are beyond our authority.1                                                           
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                 
              appellant regarding the above-noted rejections, we make reference to the examiner's                      
              answer (Paper No. 48, mailed Oct. 2, 1997) for the examiner's reasoning in support of the                
              rejections, and to the appellant's brief (Paper No. 47, filed Jun. 20, 1997) for the                     
              appellant's arguments thereagainst.                                                                      


                                                      OPINION                                                          


                     We note that claim 4 does not appear to be properly amended in the last sentence ending in1                                                                                                
              “, said base,."  (See amendment filed Sep. 9, 1996.)                                                     
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