Ex parte MAY et al. - Page 3




              Appeal No. 1999-0941                                                                Page 3               
              Application No. 08/756,424                                                                               


              1.     Claims 31-33, 35-38, 40, 41, 43, 44, 49 and 50 stand rejected under 35 U.S.C. §  103 as           

              being unpatentable over Steere in view of  AAPA (specification, page 18, lines 4-5, and the attached     

              TABLE) and May.                                                                                          

              2.     Claim 34 stands rejected under 35 U.S.C. §  103 as being unpatentable over Steere in view of      

              AAPA (specification, page 18, lines 4-5 and the attached TABLE) and May, as applied above, and           

              further in view of Taylor-Myers.                                                                         

              3.     Claims 39 and 42 stand rejected under 35 U.S.C. §  103 as being unpatentable over Steere in       

              view of  AAPA (specification, page 18, lines 4-5 and the attached TABLE) and May, as applied             

              above, and further in view of Webb.                                                                      

                     Reference is made to the brief (Paper No. 30) and the answer (Paper No. 33) for the               

              respective positions of appellants 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 appellants'       

              specification and claims, to the applied prior art references, and to the respective positions articulated

              by appellants and the examiner.  As a consequence of our review, we make the determinations which        

              follow.                                                                                                  

                     At the outset, we note that appellants' brief (page 4) states that all claims involved in this appeal

              stand or fall with claim 31.  Therefore, we shall decide the appeal of the standing rejections on the basis









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