Ex Parte AGRAWAL et al - Page 3



          Appeal No. 1999-0133                                                       
          Application No. 08/459,570                                Page 3           

               Claims 1-15, 17-22, and 24-28 stand rejected under 35 U.S.C.          
          § 103(a) as being unpatentable over Agrawal.                               
               Claims 16 and 23 stand rejected under 35 U.S.C. § 103(a) as           
          being unpatentable over Agrawal in view of Ha.                             
               Rather than reiterate the conflicting viewpoints advanced by          
          the examiner and appellants regarding the above-noted rejections,          
          we make reference to the examiner's answer (Paper No. 15, mailed           
          October 30, 1997) for the examiner's complete reasoning in                 
          support of the rejections, and to appellants' brief (Paper No.             
          14, filed September 8, 1997) and reply brief2 (Paper No. 16,               
          filed January 5, 1998) for appellants' arguments thereagainst.             
          Only those arguments actually made by appellants have been                 
          considered in this decision.  Arguments which appellants could             
          have made but chose not to make in the brief have not been                 
          considered.  See 37 CFR 1.192(a).                                          

                                       OPINION                                       
               In reaching our decision in this appeal, we have carefully            
          considered the subject matter on appeal, the rejections advanced           

               2 We observe that the language at the end of page 6 does not correlate
          with the language beginning on page 7 of the reply brief.  However, because
          appellants position is clear, we decline to request clarification under 37 CFR
          § 1.196(d).                                                                





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