Ex Parte BATES et al - Page 3




          Appeal No. 2002-2053                                                        
          Application No. 09/329,135                                 Page 3           


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellants regarding the above-noted rejections,           
          we make reference to the examiner's answer (Paper No. 12, mailed            
          April 26, 2002) and the final rejection (Paper No. 7, mailed                
          September 20, 2001) for the examiner's complete reasoning in                
          support of the rejections, and to appellants' brief (Paper No.              
          11, filed March 18, 2002) for appellants' arguments thereagainst.           
          Only those arguments actually made by appellants have been                  
          considered in this decision.  Arguments which appellants could              
          have made but chose not to make in the brief have not been                  
          considered.  See 37 CFR 1.192(a).                                           


                                       OPINION                                        
               In reaching our decision in this appeal, we have carefully             
          considered the subject matter on appeal, the rejections advanced            
          by the examiner, and the evidence of anticipation relied upon by            
          the examiner as support for the rejections.  We have, likewise,             
          reviewed and taken into consideration, in reaching our decision,            
          appellants' arguments set forth in the brief along with the                 
          examiner's rationale in support of the rejections and arguments             
          in rebuttal set forth in the examiner's answer.                             









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