Ex Parte HATKE et al - Page 2


         Appeal No. 1999-2507                                                        
         Application No. 08/967,367                                                  



         Further details of this appealed subject matter are recited in              
         illustrative claims 9 and 14, which are reproduced from the                 
         application and are appended to this decision.                              
               The examiner relies on the following prior art references as          
         evidence of unpatentability:                                                
         Laughner                       5,094,806           Mar. 10, 1992            
         Eichenauer et al.              5,274,032           Dec. 28, 1993            
               (Eichenauer)                       (filed Nov. 13, 1989)              
         Yamamoto                       5,304,606           Apr. 19, 1994            
                                                  (filed Mar. 15, 1993)              
         Brekner et al.                 5,324,801           Jun. 28, 1994            
               (Brekner)                          (filed Aug.  9, 1993)              
               Claims 9 through 14 and 16 through 23 on appeal stand                 
         rejected under 35 U.S.C. § 103(a) as unpatentable over Brekner              
         and/or Yamamoto in view of Laughner.  (Examiner’s answer, pages             
         4-6.)  Also, claims 9 through 14 and 16 through 23 on appeal                
         stand rejected under 35 U.S.C. § 103(a) as unpatentable over                
         Eichenauer.  (Id. at pages 6-7.)1                                           
               We affirm these rejections essentially for those reasons set          
         forth in the answer.2  Nevertheless, we add the following                   

               1  The rejection under 35 U.S.C. § 112, first paragraph, as           
         set out in the final Office action of March 26, 1998 (paper 19)             
         at p. 2 has been withdrawn.  (Advisory action of November 2,                
         1998, paper 23.)                                                            
               2  The appellants submit that claims 9-13 and 16-23                   
         constitute one group and claim 14 constitutes another group.                
         (Appeal brief, p. 5.)  We therefore select claims 9 and 14 from             
         the two groups of claims, respectively, and decide this appeal as           
         to the examiner's grounds of rejection on the bases of these                

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