Ex Parte HURWITZ - Page 3




              Appeal No. 2001-1482                                                                                     
              Application No. 08/879,392                                                                               


              § 102(b) as being anticipated by Boucher.1                                                               
                     Claim 15 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                      
              Hexter in view of Suderov.                                                                               
                     Claims 6 through 10 and 14 stand rejected under 35 U.S.C. § 103(a) as being                       
              unpatentable over Hexter in view of Itzkowitz.                                                           
                     Claim 5 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                       
              Boucher.                                                                                                 
                     Claims 6 through 10, 14 and 15 stand rejected under 35 U.S.C. § 103(a) as                         
              being unpatentable over Boucher in view of Van Cleef.                                                    
                     Rather than reiterate the examiner's full explanation of the above-noted                          
              rejections and the conflicting viewpoints advanced by the examiner and appellant                         
              regarding those rejections, we make reference to the examiner's answer (Paper No. 22,                    
              mailed August 29, 2000) for the examiner's reasoning in support of the rejections and to                 
              appellant's supplemental brief (Paper No. 20, filed June 7, 2000) and reply brief (Paper                 
              No. 24, filed October 12, 2000) for the arguments thereagainst.                                          




                                                      OPINION                                                          


                     1      In both this rejection and the one based on Hexter, it appears the examiner has mistakenly 
              included claims 16 and 17 in the ground of rejection set forth on pages 4 and 5 of the answer (Paper No. 22),
              because those claims were canceled in Paper No. 13, filed August 18, 1999).                              
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