Ex Parte KETTNER et al - Page 3




                    Appeal No. 2001-1350                                                                                                                                  
                    Application No. 09/188,766                                                                                                                            


                    Claim 4 stands rejected under 35 U.S.C. § 103(a) as being                                                                                             
                    unpatentable over the APA in view of Isaji as applied above, and                                                                                      
                    further in view of Official Notice.                                                                                                                   


                    Rather than attempt to reiterate the examiner's full                                                                                                  
                    commentary with regard to the above-noted rejections and the                                                                                          
                    conflicting viewpoints advanced by the examiner and appellants                                                                                        
                    regarding those rejections, we make reference to the final                                                                                            
                    rejection (Paper No. 11, mailed January 19, 2000) and examiner's                                                                                      
                    answer (Paper No. 14, mailed October 23, 2000) for the reasoning                                                                                      
                    in support of the rejections, and to appellants' brief (Paper No.                                                                                     
                    13, filed July 17, 2000) and reply brief (Paper No. 15, filed                                                                                         
                    December 21, 2000) for the arguments thereagainst.                                                                                                    


                                                                              OPINION                                                                                     


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


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