Ex Parte OBERG et al - Page 3




               Appeal No. 2002-0225                                                                          Page 3                   
               Application No. 08/332,275                                                                                             


                       Claims 19 to 21 and 25 stand rejected under 35 U.S.C. § 102(b) as being                                        
               anticipated by Desma-Werke.                                                                                            


                       Claim 23 stands rejected under 35 U.S.C. § 103 as being unpatentable over                                      
               Vibram in view of Makovski.                                                                                            


                       Claims 30, 31, 33 and 34 stand rejected under 35 U.S.C. § 103 as being                                         
               unpatentable over Vibram.                                                                                              


                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                  
               the appellants regarding the above-noted rejections, we make reference to the answer                                   
               (Paper No. 34, mailed May 31, 2001) for the examiner's complete reasoning in support                                   
               of the rejections, and to the brief (Paper No. 33, filed April 23, 2001) and reply brief                               
               (Paper No. 36, filed July 23, 2001) for the appellants' arguments thereagainst.                                        


                                                             OPINION                                                                  
                       In reaching our decision in this appeal, we have given careful consideration to                                
               the appellants' specification and claims, to the applied prior art references, and to the                              
               respective positions articulated by the appellants and the examiner.  As a consequence                                 
               of our review, we make the determinations which follow.                                                                








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