Ex parte PONSE - Page 5




          Appeal No. 1999-0843                                                        
          Application No. 08/666,970                                                  


               Rather than reiterate the arguments of Appellant and the               
          Examiner, reference is made to the Briefs  and Answer for the4                                  
          respective details.                                                         
                                      OPINION                                         
               We have carefully considered the subject matter on                     
          appeal, the rejections advanced by the Examiner, and the                    
          evidence of anticipation and obviousness relied upon by the                 
          Examiner as support for the rejections.  We have, likewise,                 
          reviewed and taken into consideration, in reaching our                      
          decision, Appellant’s arguments set forth in the Briefs along               
          with the Examiner’s rationale in support of the rejections and              
          arguments in rebuttal set forth in the Examiner’s Answer.  It               
          is our view, after consideration of the record before us, that              
          the disclosure of Appellant’s admitted prior art fully meets                
          the invention as recited in claims 1-3, 6, 7, and 12-16.   We5                   


               4The Appeal Brief (Paper No. 12) was filed March 9, 1998.  In response 
          to the Examiner’s Answer (Paper No. 13) dated March 31, 1998, a Reply Brief 
          (Paper No. 15) was filed June 2, 1998, which was acknowledged and entered by
          the Examiner without further comment as indicated in the communication (Paper
          No. 16) dated August 18, 1998.                                              
               5While we do not consider paragraph (f) of 35 U.S.C. § 102 to be the   
          appropriate basis for the anticipatory rejection in the present factual     
          situation, the rejection qualifies under other paragraphs of 35 U.S.C. § 102.

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