Ex Parte ETZEL et al - Page 12



          Appeal No. 2000-1308                                                        
          Application 08/550,909                                                      

          combining the teachings of Finkelstein and Rager.  Appellants               
          argue that the rationale proposed by the examiner presumes                  
          problems in Finkelstein that do not exist and is contrary to the            
          teachings of the references themselves.  Appellants also argue              
          that the specific recitations of claim 25 are not met by the                
          applied prior art in any case [brief, pages 23-26].                         
          We again agree with appellants for the reasons set forth                    
          in the briefs and for the reasons related to our discussion of              
          Rager above.  Therefore, we do not sustain the examiner’s                   
          rejection of independent claim 25.                                          
          Claims 26-29 depend from claim 25 and are rejected on the                   
          combination of Finkelstein and Rager plus additional prior art.             
          Since Finkelstein and Rager do not teach the invention of claim             
          25 as discussed above, and since the additional prior art does              
          not overcome the deficiencies in this combination, we do not                
          sustain the examiner’s rejection of any of claims 26-29.                    








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