Ex parte SWARTZ et al. - Page 5




          Appeal No. 1998-2467                                       Page 5           
          Application No. 08/353,682                                                  


               Claims 41-43, 45-46, 48-51, and 53 stand rejected under                
          35 U.S.C. § 103 as being unpatentable over Swartz in view of                
          Shepard, Eastman, and Riley.                                                
               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and appellants regarding the above-noted                    
          rejections, we make reference to the final rejection (Paper                 
          No. 20, mailed April 28, 1997) and the examiner’s answer                    
          (Paper No. 28, mailed March 3, 1998) for the examiner's                     
          complete reasoning in support of the rejections, and to                     
          appellants' brief (Paper No. 27, filed January 23, 1998) for                
          appellants' arguments thereagainst.  Only those arguments                   
          actually made by appellants have been considered in this                    
          decision.  Arguments which appellants could have made but                   
          chose not to make in the brief have not been considered.  See               
          37 CFR 1.192(a).                                                            
                                       OPINION                                        
               In reaching our decision in this appeal, we have                       
          carefully considered the subject matter on appeal, the                      
          rejections advanced by the examiner, and the evidence of                    
          obviousness relied upon by the examiner as support for the                  
          rejections.  We have, likewise, reviewed and taken into                     







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