Ex parte DEILY et al. - Page 2




                 Appeal No. 1998-1824                                                                                                                   
                 Application No. 08/463,383                                                                                                             


                 a copy of which appears in the APPENDIX to the brief (Paper                                                                            
                 No. 8).                                                                                                                                
                          As evidence of obviousness, the examiner has applied the                                                                      
                 document specified below:                                                                                                              


                 Linne                               4,269,802                                             May 26, 1981                                 


                          The following rejection is before us for review.                                                                              


                          Claims 16 and 17 stand rejected under 35 U.S.C. § 103 as                                                                      
                 being unpatentable over Linne.                                                                                                         


                          The full text of the examiner’s rejection and response to                                                                     
                 the argument presented by appellants appears in the answer                                                                             
                 (Paper No. 9), while the complete statement of appellants’                                                                             
                 argument can be found in the brief (Paper No. 8).1                                                                                     



                          1In the brief (page 1), no indication is given of any                                                                         
                 related appeals or interferences.  However, we have become                                                                             
                 aware that in appellants’ parent Application No. 07/993,718, a                                                                         
                 decision of the Board of Appeals and Interferences in Appeal                                                                           
                 No. 97-0082 (Paper No. 37) bears upon the method issue raised                                                                          
                 in the current appeal, as discussed more fully, infra.                                                                                 
                                                                           2                                                                            





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