Ex Parte LEVINE et al - Page 3




          Appeal No. 1998-0936                                                        
          Application 08/369,011                                     Page 3           


          § 102(b) as being anticipated by Auerbach.                                  
               Claims 7, 8, 16, and 18 stand rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over Auerbach.                               
               Claims 6 and 14 stand rejected under 35 U.S.C. § 103(a) as             
          being unpatentable over Auerbach in view of Zalenski.                       
               Claims Claim 5 stands rejected under 35 U.S.C. § 103(a) as             
          being unpatentable over Auerbach in view of Brienza.                        
               Claims 4, 12, and 13 stand rejected under 35 U.S.C. § 103(a)           
          as being unpatentable over Auerbach in view of Ogasahara.                   
               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. 14, mailed            
          November 25, 1996) and supplemental answer (Paper No. 17, mailed            
          March 10, 1997) for the examiner's complete reasoning in support            
          of the rejections, and to appellants' brief (Paper No. 13, filed            
          September 10, 1996) and reply brief (Paper No. 15, filed January            
          21, 1997) 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).                                                               









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