Ex parte MARTIN - Page 4

                 Appeal No. 1999-1057                                                                                                                   
                 Application No. 08/848,719                                                                                                             

                          The full text of the examiner's rejections and response                                                                       
                 to the argument presented by appellant appears in the main                                                                             
                 answer (Paper No. 10), while the complete statement of                                                                                 
                 appellant's argument can be found in the brief (Paper No. 9).                                                                          


                          This panel of the board has carefully considered                                                                              
                 appellant's specification and claims,  the declaration of          3                                                                   
                 Roland Martin dated February 27, 1998, and the respective                                                                              
                 viewpoints of appellant and the examiner.  As a consequence of                                                                         
                 our review, we make the determination which follows.                                                                                   

                          3This appeal was taken from the final rejection of claim                                                                      
                 12, inter alia; the summary cover sheet of the final rejection                                                                         
                 (Paper No. 7) indicates that claim 12 was rejected.  However,                                                                          
                 the rejections set forth in the final rejection (as well the                                                                           
                 rejections set forth in the first office action of November                                                                            
                 19, 1997, for that matter) do not include claim 12.  Thus, a                                                                           
                 rejection of claim 12 is not before us.  The status of claim                                                                           
                 12 should be clarified by the examiner.                                                                                                

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