Ex Parte Clark et al - Page 3



          Appeal No. 2002-0635                                                        
          Application No. 09/534,583                                                  
               Finally, claims 44 through 49 and 51 stand rejected under              
          35 U.S.C. § 103 as being obvious over appellants’ admitted prior            
          art Fig. 2, Hosozawa and Cameron.1                                          
               Rather that repeat the positions of the appellants and the             
          examiner, reference is made to the brief and reply brief for                
          appellants’ positions and to the answer for the examiner’s                  
          positions.                                                                  
                                       OPINION                                        
               At the outset, we note that because the answer does not                
          indicate the entry of the amended claims attached to or submitted           
          with the principal brief on appeal, the claims on appeal are                
          those claims that have been entered in accordance with the                  
          Advisory action from the examiner mailed on March 7, 2001                   
          permitting the entry of the amendment filed on February 23, 2001            
          upon the filing of the brief.  Claim 32 reproduced above is                 
          reflective of the version of that claim submitted in accordance             
          with that amendment after final entered by the examiner as noted            
          in the Advisory Office action.  From our review of the version of           
          the claims submitted with the brief, our decisions on patent-               


               1                                                                      
               1 The preexisting rejections of various claims under the 35            
          U.S.C. § 112, paragraph 1 and paragraph 2 have been withdrawn by the        
          examiner as noted at page 11 of the answer.                                 
                                          3                                           




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