Appeal No. 2002-0941 Page 3
Application No. 09/166,445
In rejecting applicants' claims under 35 U.S.C. § 102(e) and 35 U.S.C. § 103(a),
the examiner relies on the following reference:
Andrews et al. (Andrews) 5,625,064 Apr. 29, 1997
The Rejections
The appealed claims stand rejected as follows:
(1) claims 1, 2, and 3 under 35 U.S.C. § 112, second paragraph, as
indefinite;
(2) claims 1 through 5 under 35 U.S.C. § 102(e) as anticipated by Andrews;
and
(3) claims 1 through 5 under 35 U.S.C. § 103(a) as unpatentable over
Andrews.
Deliberations
Our deliberations in this matter have included evaluation and review of the
following materials:
(1) the instant specification, including all of the claims on appeal;
(2) applicants' Appeal Brief (Paper No. 17);
(3) the Examiner's Answer (Paper No. 18); and
(4) the above-cited prior art reference.
On consideration of the record, including the above-listed materials, we reverse
each of the examiner's rejections.
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