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 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007