Ex parte ARCHIBALD et al. - Page 13




          Appeal No. 1998-1289                                                        
          Application 07/906,492                                                      


            between the subject matter recited in claims 24 and 26                    
            and the prior art are such that the subject matter as a                   
            whole would have been obvious at the time the invention                   
            was made to a person having ordinary skill in the art.                    
            Therefore, we shall sustain the standing 35 U.S.C. §                      
            103(a) rejection of claims 24 and 26 as being                             
            unpatentable over Ware in view of Nelson.                                 


                 In view of the appellants’ statement that                            
            “[d]ependent claims 25, 28, 29 and 30 stand or fall with                  
            independent claim 24" (main brief, page 6), we also shall                 
            sustain the standing 35 U.S.C. § 103(a) rejection of                      
            claim 25 as being unpatentable over Ware in view of                       
            Nelson and the standing                                                   
            35 U.S.C. § 103(a) rejection of claims 28 through 30 as                   
            being unpatentable over Ware in view of Nelson and                        
            Overbeck.                                                                 


            II. The 35 U.S.C. § 103(a) rejections of claims 31                        
            through 41                                                                


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