Ex parte KESSLER - Page 3




         Appeal No. 1998-2418                                                    
         Application No. 08/686,883                                              


              Claims 31 through 36 stand rejected under 35 U.S.C. § 103          
         as being unpatentable over appellant's disclosed prior art in           
         view of Jones and further in view of Lane and Burtis.                   
              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. 14, mailed February 28, 1998) for the examiner's complete           
         reasoning in support of the rejections, and to the appellant's          
         brief (Paper No. 10, filed January 12, 1998) for the                    
         appellant's arguments thereagainst.                                     


                                     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 have made the              
         determination that the examiner's rejection of claims 21                
         through 26 and 36 under 35 U.S.C. § 112 should not be                   
         sustained and the examiner's rejection of claims 11 and 21              
         through 38 under       35 U.S.C. § 103 should be affirmed-in-           
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