Ex Parte GAGGAR et al - Page 3




          Appeal No. 1999-2488                                                        
          Application No. 08/841,027                                                  


               The references set forth below are relied upon by the                  
          examiner as evidence of obviousness:                                        
          Buysch et al. (Buysch)          4,883,835          Nov. 28, 1989            
          Gosens et al. (Gosens)          5,204,394          Apr. 20, 1993            
          Yang et al. (Yang)              5,643,981          Jul.  1, 1997            
                                                       (filed Nov. 1, 1994)           
               All of the claims on appeal are rejected under 35 U.S.C.               
          § 103(a) as being unpatentable over Yang, Gosens and Buysch.2               
               We refer to the brief and to the answer (as well as to the             
          first office action mailed August 11, 1997 as paper no. 11 to               
          which the answer refers) for a complete exposition of the                   
          opposing viewpoints expressed by the appellants and by the                  
          examiner concerning the above noted rejection.                              
                                     OPINION                                          
               For the reasons which follow, we will sustain this                     
          rejection.                                                                  
               On page 6 of the brief, the appellants state that “[t]he               
          following table illustrates the compositions disclosed by the               
          prior art references cited against the instant invention,                   
          comparing the prior art compositions to the inventive                       

               2As indicated by the appellants on page 7 of the brief, “the           
          claims [on appeal] all stand or fall together.”  Accordingly in             
          assessing the merits of the above noted rejection, we will focus            
          primarily on independent claim 9 since, in most respects, it is             
          the broadest claim on appeal.                                               
                                          3                                           





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