Ex Parte GAASBECK et al - Page 3




          Appeal No. 2001-2369                                                        
          Application 08/728,422                                                      


          The examiner relies on the following references:                            
          Yu                    5,636,371          June 3, 1997                       
          (filed June 7, 1995)                                                        
          Loucks                5,764,984          June 9, 1998                       
          (effectively filed Feb. 26, 1993)                                           
          Claims 1-6 stand rejected under 35 U.S.C. § 103(a).  As                     
          evidence of obviousness the examiner offers Yu in view of Loucks.           
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the brief and the answer for the             
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejection advanced by the examiner and the evidence             
          of obviousness relied upon by the examiner as support for the               
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, the appellants’                    
          arguments set forth in the brief along with the examiner’s                  
          rationale in support of the rejection and arguments in rebuttal             
          set forth in the examiner’s answer.                                         
          It is our view, after consideration of the record before                    
          us, that the evidence relied upon and the level of skill in the             
          particular art would not have suggested to one of ordinary skill            


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