Ex Parte LAZARUS - Page 2




                    Appeal No. 2000-1759                                                                                                                                  
                    Application No. 08/748,637                                                                                                                            


                    representative of the subject matter on appeal and a copy of                                                                                          
                    those claims may be found in the Appendix to appellant's brief.                                                                                       


                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claims are:                                                                                                        
                    Choudhury                                                  4,140,126                               Feb. 20, 1979                                      
                    Kononov                                                    SU 660689                               May   5, 1979                                      
                    (Russian Inventor's Certificate)1                                                                                                                     


                    Claims 39 through 42 stand rejected under 35 U.S.C. § 103(a)                                                                                          
                    as being unpatentable over Choudhury in view of Kononov.                                                                                              


                    Rather than reiterate the examiner's full statement of the                                                                                            
                    above-noted rejection and the conflicting viewpoints advanced by                                                                                      
                    the examiner and appellant regarding the rejection, we make                                                                                           
                    reference to the examiner's answer (Paper No. 31, mailed May 19,                                                                                      
                    2000) for the reasoning in support of the rejection, and to                                                                                           
                    appellant' brief (Paper No. 29, filed March 2, 2000) and reply                                                                                        
                    brief (Paper No. 34, filed July 27, 2000) for the arguments                                                                                           
                    thereagainst.                                                                                                                                         



                              1 Our understanding of this foreign language document is                                                                                    
                    based on a translation apparently submitted by appellant.                                                                                             
                                                                                    22                                                                                    





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