Appeal No. 2001-0390
Application 08/932,238
Although the examiner’s answer repeats the rejection of claims 1-
6 and 43-52 under the second paragraph of 35 U.S.C. § 112 on page
3, the answer also indicates that this rejection has been
withdrawn on page 7. Since the examiner has not responded to
appellants’ arguments with respect to this latter rejection, we
will treat this rejection as having been withdrawn by the
examiner.
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 rejections advanced by the examiner and the evidence
of anticipation and obviousness relied upon by the examiner as
support for the rejections. 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 rejections 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 supports the examiner’s
rejections of claims 1-6 and 43-52. Accordingly, we affirm.
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