Appeal No. 2002-0930
Application 09/291,828
subject matter on appeal and a copy of that claim may be found in
the Appendix to appellants’ brief.
The sole prior art reference relied upon by the examiner in
rejecting the appealed claims is:
Cheng et al. (Cheng ‘402) 5,737,402 Apr. 7, 1998
Claims 1 through 4 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Cheng ‘402.
Rather than reiterate the examiner's commentary with regard
to the above-noted rejection and the conflicting viewpoints
advanced by the examiner and appellants regarding the rejection,
we make reference to the examiner's answer (Paper No. 14, mailed
August 10, 2001) for the reasoning in support of the rejection,
and to appellants’ brief (Paper No. 13, filed July 27, 2001) 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
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