Ex Parte CHADBOURNE - Page 3



          Appeal No. 2000-2262                                                        
          Application No. 08/990,996                                                  

               Rather than reiterate the arguments of Appellant and the               
          Examiner, reference is made to the Briefs1 and Answer for the               
          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, Appellant’s 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 invention as set forth in claims 11, 13, 16, 19,             
          21, and 22.  Accordingly, we reverse.                                       


               1 The original Appeal Brief was filed September 29, 1999 (Paper No. 11).
          A Supplemental Appeal Brief, which indicated that the arguments in the      
          originally filed brief were being repeated, was filed February 7, 2000 (Paper
          No. 14) in response to a further Office action dated October 26, 1999 (Paper
          No. 12).  In response to the Examiner’s Answer dated March 1, 2000 (Paper No.
          15), a Reply Brief was filed May 1, 2000 (Paper No. 16) which was acknowledged
          and entered by the Examiner in the communication dated May 12, 2000 (Paper No.
          17).                                                                        
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