Ex parte CAPONE et al. - Page 5




                 Appeal No. 1999-1515                                                                                                                   
                 Application No. 08/451,719                                                                                                             


                 Examiner, reference is made to the Briefs  and Answer for the             1                                                            
                 respective details.                                                                                                                    
                                                                    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, Appellants’ arguments                                                                         
                 set forth in the Briefs 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 not have suggested to one of ordinary                                                                         
                 skill in the art the obviousness of the invention as set forth                                                                         
                 in claims 18-27 and 30-44.  Accordingly, we reverse.                                                                                   
                          In rejecting claims under 35 U.S.C. § 103, it is                                                                              


                          1The Appeal Brief was filed April 3, 1998.  In response                                                                       
                 to the Examiner’s Answer dated June 9, 1998, a Reply Brief was                                                                         
                 filed Aug. 6, 1998, which was acknowledged and entered by the                                                                          
                 Examiner without further comment as indicated in the                                                                                   
                 communication dated October 20, 1998.                                                                                                  
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