Ex parte MASSIE et al. - Page 5




                 Appeal No. 1999-1992                                                                                                                   
                 Application No. 08/848,842                                                                                                             

                                                                                (filed Sep. 15, 1994)                                                   
                          Claims 1-4, 7-9, 12-19, and 22 stand rejected under 35                                                                        
                 U.S.C. § 102 as being anticipated by Farwell.  Claims 5 and 10                                                                         
                 stand rejected under 35 U.S.C. § 103 as being unpatentable                                                                             
                 over Farwell in view of Kolluri, while claim 6 stands rejected                                                                         
                 over Farwell in view of Davis.                                                                                                         
                          Rather than repeat the positions and the arguments of                                                                         
                 appellants and the examiner, we make reference to the briefs3                                                                          
                 and the answer for their respective positions.                                                                                         
                                                                     OPINION                                                                            
                          We have considered the rejections advanced by the                                                                             
                 examiner.  We have, likewise, reviewed appellants’ arguments                                                                           
                 against the rejections as set forth in the briefs.                                                                                     
                          We reverse.                                                                                                                   
                          The examiner rejects all the independent claims, namely,                                                                      
                 claims 1, 8, 13 and 17 as being anticipated under 35 U.S.C. §                                                                          
                 102 by Farwell.  For the explanation of the rejection, the                                                                             
                 examiner merely makes a reference to the abstract and Figure 1                                                                         
                 of Farwell.  A prior art reference anticipates the subject of                                                                          

                          3A reply brief was filed as Paper No. 16 and was entered                                                                      
                 into the record without any further response from the                                                                                  
                 examiner, see Paper No. 17.                                                                                                            
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