Ex Parte BIRNSTIEL et al - Page 4


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


              (2)     applicants' Appeal Brief (Paper No. 28)1;                                                               

              (3)     the Examiner's Answer (Paper No. 29); and                                                               

              (4)     the above-listed prior art references.                                                                  



                                                       DISPOSITION                                                            

                      On consideration of the record, including the above-listed materials, we affirm                         

              each of the examiner's prior art rejections.  Having reviewed each rejection in light of the                    

              argument presented in applicants' Brief, we agree that the subject matter sought to be                          

              patented in claims 58 through 84 and 86 through 94 would have been obvious within the                           

              meaning of 35 U.S.C. § 103(a) based on the cited prior art.  We agree with the position                         

              ably and thoroughly set forth in the Examiner's Answer (Paper No. 29), including the                            

              statement of rejections and the response to applicants' argument on appeal.                                     

              Accordingly, we adopt that position as our own, and we find it unnecessary to belabor                           

              the record with further comment.                                                                                

                      The examiner's decision, rejecting claims 58 through 84 and 86 through 94, is                           

              affirmed.                                                                                                       







                                                                                                                              
              1 As stated in 37 CFR § 1.192(a)(1998), the Appeal Brief "must set forth the authorities and arguments on       
              which appellant will rely to maintain the appeal.  Any arguments or authorities not included in the Brief will  
              be refused consideration by the Board of Patent Appeals and Interferences, unless good cause is                 
              shown."  We have carefully considered the arguments and authorities set forth in applicants' Brief (Paper       
              No. 28).  We have not, however, combed the record to "pull out" arguments and authorities presented on          
              applicants' behalf in response to previously entered Office actions.  We have declined applicants'              
              invitation, in the Appeal Brief, to consider arguments presented in papers filed March 19, 1996; December       
              24, 1996; and January 16, 1998.                                                                                 

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