Ex parte FREDBERG et al. - Page 5




                 Appeal No. 2001-0250                                                                                     Page 5                        
                 Application No. 08/283,074                                                                                                             


                 unpatentable over claims 16 and 12, respectively, of                                                                                   
                 Fredberg.   Claims 1, 7, 10, 12, 15, 16, 18, 21, 23, 39, 67,3                                                                                                                      
                 89, and 91 stand rejected under 35 U.S.C. § 102(b) as                                                                                  
                 anticipated by Seybert.  Claims 11, 22, and 90 stand rejected                                                                          
                 under 35 U.S.C. § 103 as obvious over Seybert.  Claims 2-4, 6,                                                                         
                 17, and 81-83 stand rejected under § 103 as obvious over                                                                               
                 Seybert in view of Schroeder.  Rather than repeat the                                                                                  
                 arguments of the appellants or examiner in toto, we refer the                                                                          
                 reader to the briefs and answer for the respective details                                                                             
                 thereof.                                                                                                                               


                                                                     OPINION                                                                            
                          In deciding this appeal, we considered the subject matter                                                                     
                 on appeal and the rejections by the examiner.  Furthermore, we                                                                         
                 duly considered the arguments and evidence of the appellants                                                                           
                 and examiner.  After considering the record, we are persuaded                                                                          


                          3Although the examiner provisionally rejected these                                                                           
                 claims over claims 18 and 13 of the '907 Application,                                                                                  
                 (Examiner's Answer at 4), the issuance thereof as the Fredberg                                                                         
                 patent converted the provisional rejection into a non-                                                                                 
                 provisional rejection.  Furthermore, claims 18 and 13 of the                                                                           
                 '907 Application were renumbered as claims 16 and 12 of                                                                                
                 Fredberg.                                                                                                                              







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