Ex parte DEFRANK et al. - Page 3




          Appeal No. 1998-2823                                                        
          Application No. 08/458,010                                                  


          “Exhibit A” attached to appellants’ main brief.2                            
               Claims 8, 9, 15, 17, 20 through 22, 26, 27 and 32 through              
          51 stand rejected under 35 U.S.C. § 112, first paragraph.3,4                


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and appellants regarding the above-noted                    
          rejection, we make reference to the answer (Paper No. 49) for               
          the examiner’s complete reasoning in support of the rejection,              
          and to the main and reply briefs (Paper Nos. 47 and 50,                     
          respectively) for appellants’ arguments thereagainst.                       

          OPINION                                                                     
               In reaching our decision in this appeal, we have given                 
          careful consideration to appellants’ specification and claims,              
          and to the respective positions articulated by appellants and               
          the examiner.  As a consequence of our review we have reached               
          the determination which follows.                                            

               2All references in this decision to appellants’ main brief refer to the
          second amended brief filed October 6, 1997 (Paper No. 47).                  
               3The inclusion of claim 18 in the statement of the ground of rejection 
          at page 4 of the answer was an obvious typographical error.                 
               4The rejection of claim 26 under 35 U.S.C. § 103 (referred to as Issue 
          B in appellants’ main brief (p. 8)) was withdrawn in the answer (p. 3).     
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