Ex parte SIMMONS et al. - Page 3




          Appeal No. 1999-2132                                       Page 3           
          Application No. 08/672,856                                                  


               Claims 1, 2, 5 through 10, 12, 13, 20 and 21 stand                     
          rejected under 35 U.S.C. § 103(a) as being unpatentable over                
          Tekavec in view of Reichental.2                                             


               The full text of the examiner's rejections and the                     
          response to the arguments presented by appellants appear in                 
          the answer (Paper No. 17, mailed October 22, 1998), while the               
          complete statement of appellants’ arguments can be found in                 
          the main brief (Paper No. 16, filed September 21, 1998) and                 
          the reply brief (Paper No. 18, filed December 28, 1998).                    


                                      OPINION                                         
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants’ specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  As a consequence of our review, we conclude that                 
          the rejections cannot be sustained.                                         

               The amendment filed on Sep. 21, 1998, canceling claims 14-19, has been2                                                                     
          entered.  Thus, the statement in the answer (page 4) that claims 1, 2, 5-10 
          and 12-21 stand rejected 35 U.S.C. § 103(a) over Tekavec in view of Reichental
          is a typographical error.                                                   







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