Ex parte KERN - Page 8




                Appeal No. 1998-0856                                                                                                      
                Application 08/486,022                                                                                                    


                        All of the appealed rejections rely upon the combined teachings of the Schlar and LaBaw                           

                references.  As the additional references, Villers, Hopfer, Steinbruegge, Rancourt and Tar fail to rectify                

                the deficiencies in the combined teachings of Schlar and LaBaw with respect to claims 1-2, 6-7, 11-12                     

                and 16-18, we conclude that there is no prima facie case of obviousness with respect to claims 3-5,                       

                8-10 and 13-15.  Accordingly, the additional rejections of: 1) claims 3, 8 and 13 as unpatentable over                    

                Schlar in view of LaBaw as applied to claims 1, 6 and 11 and further in view of either Villers or                         

                Hopfer; 2) claims 4, 9 and 14 as unpatentable over Schlar in view of LaBaw as applied to claims 1, 6                      

                and 11 and further in view of either Steinbruegge or Rancourt; and 3) claims 5, 10 and 15 as                              

                unpatentable over Schlar in view of LaBaw as applied to claims 1, 6 and 11 and further in view of Tar                     

                are also reversed.                                                                                                        



                                                              Conclusion                                                                  

                        To summarize, the decision of the examiner to reject claims 1-18 under 35 U.S.C. §103 is                          

                Reversed.                                                                                                                 


                        No time period for taking any subsequent action in connection with this appeal may be                             

                extended under 37 CFR § 1.136(a).                                                                                         


                                                              REVERSED                                                                    


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