Ex Parte Clark - Page 6




         Appeal No. 2003-0470                                                  
         Application 09/671,870                                                


                  Rather than attempt to reiterate the examiner's              
         commentary with regard to the above-noted rejection and the           
         conflicting viewpoints advanced by appellant and the                  
         examiner regarding that rejection, we make reference to the           
         final rejection (Paper No. 9, mailed February 28, 2002) and           
         the examiner's answer (Paper No. 15, mailed August 9, 2002)           
         for the reasoning in support of the rejection, and to                 
         appellant’s brief (Paper No. 14, filed July 29, 2002) and             
         reply brief (Paper No. 16, filed October 7, 2002) for the             
         arguments thereagainst.                                               


         OPINION                                                               
                  In reaching our decision in this appeal, we have             
         given careful consideration to appellant’s specification and          
         claims, to the applied prior art Paulson reference, and to            
         the respective positions articulated by appellant and the             
         examiner.  As a consequence of our review, we have made the           
         determination that the examiner’s rejection of claims 5,              




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