Ex parte ETTER et al. - Page 2




              Appeal No. 1999-0709                                                                      Page 2                
              Application No. 08/400,335                                                                                      


                                                      BACKGROUND                                                              
                      The appellants' invention relates to a tamper-resistant postage meter.  An understanding                
              of the invention can be derived from a reading of exemplary claim 15, which appears in the                      
              appendix to the appellants' brief.                                                                              
                      The prior art references of record relied upon by the examiner in rejecting the appealed                
              claims are:                                                                                                     
              Hubbard                       4,246,643                            Jan. 20, 1981                                
              Miller et al. (Miller)        4,864,505                            Sep.  5, 1989                                

                      The following rejection is before us for review.                                                        
                      Claims 15-23 stand rejected under 35 U.S.C. § 103 as being unpatentable over                            
              Hubbard in view of Miller.                                                                                      
                      Reference is made to the brief (Paper No. 13) and the answer (Paper No. 14) for the                     
              respective positions of the appellants and the examiner with regard to the merits of this                       
              rejection.                                                                                                      
                                                         OPINION                                                              
                      In reaching our decision in this appeal, we have given careful consideration to the                     
              appellants' specification and claims, to the applied prior art references, and to the respective                
              positions articulated by the appellants and the examiner.  For the reasons which follow, we                     
              cannot sustain the examiner's rejection.                                                                        









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