Ex parte BACULY - Page 4




          Appeal No. 1999-1758                                                       
          Application No. 08/787,971                                                 


          as being unpatentable over Durfee in view of Nimtz and                     
          Periolat.                                                                  


               Claims 5-7 and 24 stand rejected under 35 U.S.C. § 103 as             
          being unpatentable over Durfee in view of Nimtz and Periolat               
          as applied to claims 1-4, 8 and 10 above, and further in view              
          of Nishimura.                                                              


               Rather than attempt to reiterate the examiner’s full                  
          commentary with regard to the above-noted rejections and the               
          conflicting viewpoints advanced by the examiner and appellant              
          regarding the rejections, we make reference to the final                   
          rejection (Paper No. 11, mailed February 4, 1998) and the                  
          examiner’s answer (Paper No. 16, mailed December 8, 1998) for              
          the reasoning in support of the rejections, and to appellant’s             
          brief (Paper No. 15, received October 13, 1998) and                        
          appellant’s reply brief (Paper No. 17, received February 17,               
          1999) for the arguments thereagainst.                                      


                                      OPINION                                        
               In reaching our decision in this appeal, we have given                
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