Ex Parte DALVI et al - Page 3




          Appeal No. 2002-1578                                                        
          Application No. 08/814,928                                                  


          prior art.  In separate rejections under 35 U.S.C. § 103(a), claims         
          31-37 stand rejected as being unpatentable over Terada alone and as         
          being unpatentable over Leak in view of Terada.                             
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs2 and Answer for the               
          respective details.                                                         
                                        OPINION                                       
              We have carefully considered the subject matter on appeal, the                                                                 
          rejections advanced by the Examiner, the arguments in support of            
          the rejections, and the evidence of obviousness relied upon by the          
          Examiner as support for the rejections.  We have, likewise,                 
          reviewed and taken into consideration, in reaching our decision,            
          Appellants’ arguments set forth in the Briefs 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 have suggested to one of ordinary skill in the         



               2 The Appeal Brief was filed October 17, 2001 (Paper no. 34).  In      
          response to the Examiner’s Answer dated February 8, 2002 (Paper No. 35), a  
          Reply Brief was filed March 5, 2002 (Paper No. 36), which was acknowledged and
          entered by the Examiner as indicated in the communication dated March 29, 2002
          (Paper No. 37).                                                             
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