Ex parte ESTEROWITZ et al. - Page 3




                 Appeal No. 2000-0948                                                                                     Page 3                        
                 Application No. 08/511,341                                                                                                             


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           
                 rejection, we make reference to the final rejection (Paper No.                                                                         
                 6, mailed February 26, 1997) and the answer (Paper No. 15,                                                                             
                 mailed August 14, 1998) for the examiner's complete reasoning                                                                          
                 in support of the rejection, and to the brief (Paper No. 14,                                                                           
                 filed March 25, 1998) for the appellants' arguments                                                                                    
                 thereagainst.1                                                                                                                         


                                                                     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.  Upon evaluation of all the evidence before us, it                                                                           
                 is our conclusion that the evidence adduced by the examiner is                                                                         
                 insufficient to establish a prima facie case of obviousness                                                                            
                 with respect to the claims under appeal.  Accordingly, we will                                                                         


                          1The rejection of claims 1 and 3 to 24 under 35 U.S.C.                                                                        
                 § 112, first paragraph, made in the final rejection was                                                                                
                 withdrawn by the examiner (answer, p. 3).                                                                                              







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