Ex Parte BIRNSTIEL et al - Page 3


              Appeal No. 1999-1405                                                                                            
              Application 08/098,268                                                                                          

                                                    THE REJECTIONS                                                            
                      The appealed claims stand rejected as follows:                                                          
              (1)     Claims 58 through 60, 64, 67, 69 through 82, 87 through 90 and 92 under 35                              
              U.S.C. § 103(a) as unpatentable over the combined disclosures of Wu and Hirsch;                                 
              (2)     Claim 63 under 35 U.S.C. § 103(a) as unpatentable over the combined                                     
              disclosures of Wu, Hirsch, and Hurwitz;                                                                         
              (3)     Claims 61 and 62 under 35 U.S.C. § 103(a) as unpatentable over the combined                             
              disclosures of Wu, Hirsch, and Knapp;                                                                           
              (4)     Claims 65, 66, 68, 86 and 91 under 35 U.S.C. § 103(a) as unpatentable over the                          
              combined disclosures of Wu, Hirsch, and Eliasson; and                                                           
              (5)     Claims 83, 84, 93 and 94 under 35 U.S.C. § 103(a) as unpatentable over the                              
              combined disclosures of Wu, Hirsch, and Cotten.                                                                 
                      Respecting each rejection under 35 U.S.C. § 103(a), the question presented is                           
              whether the examiner established a prima facie case of obviousness.  On this record,                            
              applicants do not rely on any rebuttal evidence, i.e., objective evidence of non-                               
              obviousness, which would serve to rebut a prima facie case.                                                     


                                                     DELIBERATIONS                                                            
                      Our deliberations in this matter have included evaluation and review of the                             
              following materials:                                                                                            
              (1)     the instant specification, including Figures 1 through 7 and all of the claims on                       
              appeal;                                                                                                         



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