Appeal No. 2001-2363
Application 09/073,022
Claim 25 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Brony.
Rather than reiterate the conflicting viewpoints advanced by
appellant and the examiner regarding the above-noted rejections,
we refer to the supplemental examiner's answer (Paper No. 17,
mailed September 10, 2002) and appellant’s revised appeal brief
(Paper No. 14, filed March 5, 2001) for a full exposition
thereof.
OPINION
Having carefully reviewed the anticipation and obviousness
issues raised in this appeal in light of the record before us, we
have made the determinations which follow.
Looking first to the examiner’s rejection of claims 21
through 24 and 27 through 30 under 35 U.S.C. § 102(b) as being
anticipated by Brony, we agree with the examiner with regard to
claims 21, 22, 24 and 27 through 29, but not with respect to
claims 23 and 30.
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