Ex parte SCHWARZKOPF - Page 3




               Appeal No. 1998-2011                                                                                                 
               Application No. 08/707,267                                                                                           


               (2)     Claim 2 stands rejected under 35 U.S.C. § 103 as being unpatentable over the German                          
               reference in view of Bauchert, as applied to claims 1, 7 and 9 above, and further in view of                         
               either Schwarzkopf or Harpster.                                                                                      
               (3)     Claim 3 stands rejected under 35 U.S.C. § 103 as being unpatentable over the German                          
               reference in view of Bauchert, as applied to claims 1, 7 and 9 above, and further in view of                         
               Churchill.                                                                                                           
               (4)     Claims 10 and 11 stand rejected under 35 U.S.C. § 103 as being unpatentable over the                         
               German reference in view of Bauchert, as applied to claims 1, 7 and 9 above, and further in                          
               view of Fessenden and Porzky.                                                                                        
                       Reference is made to the brief and reply brief (Paper Nos. 22  and 20) and the final4                                           

               rejection and answer (Paper Nos. 15 and 18) for the respective positions of the appellant and                        
               the examiner with regard to the merits of these rejections.                                                          
                                                            OPINION                                                                 
                       In reaching our decision in this appeal, we have given careful consideration to the                          
               appellant's specification and claims, to the applied prior art references, and to the respective                     
               positions articulated by the appellant and the examiner.  As a consequence of our review, we                         
               make the following determinations.                                                                                   



                       4The appellant filed a "Corrected Brief" on March 19, 1998 to correct informalities in the brief filed       
               October 16, 1997 (Paper No. 17).                                                                                     
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