Ex Parte WAGNER et al - Page 3



          Appeal No. 2002-1573                                                        
          Application No. 09/113,446                                                  

          and 15), while the complete statement of appellants' argument can           
          be found in the main and reply briefs (Paper Nos. 10 and 12).               

                                       OPINION                                        

               In reaching our conclusion on the issues raised in this                
          appeal, this panel of the board has carefully considered                    
          appellants' specification and claims, the applied teachings,1 and           
          the respective viewpoints of appellants and the examiner.  As a             
          consequence of our review, we make the determinations which                 
          follow.                                                                     

                             The anticipation rejection                               

               We do not sustain the rejection of claims 6 through 8 under            
          35 U.S.C. § 102(b) as being anticipated by Schmidt.                         

               1                                                                      
               1 In our evaluation of the applied prior art, we have                  
          considered all of the disclosure of each document for what it               
          would have fairly taught one of ordinary skill in the art.  See             
          In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                
          Additionally, this panel of the board has taken into account not            
          only the specific teachings, but also the inferences which one              
          skilled in the art would reasonably have been expected to draw              
          from the disclosure.  See In re Preda, 401 F.2d 825, 826,                   
          159 USPQ 342, 344 (CCPA 1968).                                              
                                          3                                           




Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007