Ex parte MOSLEHI - Page 6




          Appeal No. 1999-1666                                                        
          Application No. 08/847,319                                                  



               b) Claim 49 stands rejected under 35 U.S.C. § 103(a) as                
          being unpatentable over Kiyota in view of Melas, Bohling and                
          Zhang.                                                                      
               Rather than reiterate the examiner’s full statement of                 
          the above-noted rejections and the conflicting viewpoints                   
          advanced by the examiner and appellant regarding those                      
          rejections, we make reference to the examiner’s answer (Paper               
          No. 34) for the examiner’s reasoning in support of the                      
          rejections, and appellant’s brief and reply brief (Paper No.                
          33 and Paper                                                                
          No. 35, respectively) for appellant’s arguments thereagainst.               
               On page 4 of the brief, appellant indicated that claims                
          4, 47, 48, 50-52 and 54 stand or fall together and that claim               
          49 stands or falls alone.  In keeping with appellant’s                      
          groupings, we hereby select claims 4 and 49 from the separate               
          rejections for review, and we shall decide the appeal as to                 
          the respective grounds of rejection on the basis of these                   
          selected claims;                                                            
          37 CFR § 1.192 (c)(7).                                                      
                                       OPINION                                        

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