Ex parte BARBER et al. - Page 4




                     Appeal No. 1998-1181                                                                                                                                              
                     Application No. 08/442,883                                                                                                                                        

                                Claims 55-56 are rejected under 35 U.S.C. § 102(b) as                                                                                                  
                     being anticipated by Krolopp.                                                                                                                                     
                                Claims 49-50 and 57 are rejected under 35 U.S.C. § 103 as                                                                                              
                     being unpatentable over Blair.                                                                                                                                    
                                Claims 46-50 and 55-56 are rejected under 35 U.S.C. § 103                                                                                              
                     as being unpatentable over Blair in view of Krolopp.                                                                                                              
                                Rather than repeat the arguments of Appellants and the                                                                                                 
                                                                                                           1                            2                                              
                     Examiner, we make reference to the Brief , Reply Brief ,                                                                                                          
                                                          3                                                            4                                                             
                     Examiner's Answer , and Response to Reply Brief  for the                                                                                                          
                     details thereof .               5                                                                                                                                 
                                                                               I. OPINION                                                                                              
                                After careful review of the evidence before us, we will                                                                                                
                     not sustain the rejection of claims 46-48 and 55-56 under 35                                                                                                      
                     U.S.C.  § 102(b) as being anticipated by Blair, the rejection                                                                                                     
                     of claims 55-56 under 35 U.S.C. § 102(b) as anticipated by                                                                                                        


                                1 Appellants filed a brief on June 17, 1997.                                                                                                           
                                2Appellants filed a reply brief on November 18, 1997.                                                                                                  
                                3  The Examiner's Answer was mailed September 16, 1997.                                                                                                
                                4 The Response To Reply Brief was mailed June 27, 2000.                                                                                                
                                5  Amendment "D" received August 7, 2001 was entered.  This                                                                                            
                     amendment canceled claims 34-44, 51-54 and 58.                                                                                                                    
                                                                                          4                                                                                            





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