Ex parte MARKHAM - Page 3




                 Appeal No. 2001-2178                                                                                                                   
                 Application No. 09/039,466                                                                                                             


                 Burke                                        4,948,117                                    Aug. 14, 1990                                
                 Froelich, Sr. et al.                         5,709,630                                    Jan. 20, 1998                                
                 (Froelich)                                                                                                                             
                 Hermanson                                    8,203,510                           Apr.  5, 1983                                         
                 Dutch Patent Document1                                                                                                                 


                                                               THE REJECTIONS                                                                           
                          Claims 1 through 4 stand rejected under 35 U.S.C. §                                                                           
                 103(a) as being unpatentable over Hermanson in view of                                                                                 
                 Froelich.                                                                                                                              
                          Claims 5 and 6 stand rejected under 35 U.S.C. § 103(a) as                                                                     
                 being unpatentable over Hermanson in view of Froelich and                                                                              
                 Burke.                                                                                                                                 
                          Attention is directed to the appellant’s brief (Paper No.                                                                     
                 8) and to the examiner’s answer (Paper No. 9) for the                                                                                  
                 respective positions of the appellant and the examiner with                                                                            
                 regard to the merits of these rejections.2                                                                                             

                          1An English language translation of this reference,                                                                           
                 prepared on behalf of the United States Patent and Trademark                                                                           
                 Office, is appended hereto.                                                                                                            

                          2Although the examiner’s answer does not restate the                                                                          
                 final rejection of claims 2 through 4, the record as a whole                                                                           
                 shows that the omission was inadvertent.                                                                                               
                                                                           3                                                                            





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