Ex parte MULLER - Page 3




         Appeal No. 1998-2709                                                      
         Application No. 08/451,796                                                


         taken alone .1                                                              
              Rather than repeat the arguments of appellant or the                 
         examiner, we make reference to the brief and the answer for               
         the respective details thereof.                                           


         OPINION                                                                   
              We have carefully considered the subject matter on                   
         appeal, the rejection advanced by the examiner and the                    
         evidence of obviousness relied upon by the examiner as support            
         for the rejection.  We have, likewise, reviewed and taken into            
         consideration, in reaching our decision, the appellant’s                  
         arguments set forth in the brief along with the examiner’s                
         rationale in support of the rejection and arguments in                    
         rebuttal set forth in the examiner’s answer.                              
              It is our view, after consideration of the record before             
         us, that the evidence relied upon and the level of skill in               
         the particular art would have suggested to one of ordinary                
         skill in the art the obviousness of the invention as set forth            
         in claims 5-14 and 19-27.  Accordingly, we affirm.                        

              The alternative rejection of these claims based on Lee (4,852,023) as1                                                                   
         set forth in the final rejection has been withdrawn in the examiner’s answer.
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