Ex Parte MACCORMACK - Page 3



          Appeal No. 2003-0031                                                         
          Application No. 09/240,176                                                   


               Claims 1-15, all of the appealed claims, stand finally                  
          rejected under 35 U.S.C. § 103(a) as being unpatentable over                 
          Osborne.                                                                     
               Rather than reiterate the arguments of Appellant and the                
          Examiner, reference is made to the Briefs1 and Answer for the                
          respective details.                                                          
                                       OPINION                                         
               We have carefully considered the subject matter on appeal,                                                                      
          the rejection advanced by the Examiner, the arguments in support             
          of the rejection and the evidence of obviousness relied upon by              
          the Examiner as support for the rejection.  We have, likewise,               
          reviewed and taken into consideration, in reaching our decision,             
          Appellant’s arguments set forth in the Briefs along with the                 
          Examiner’s rationale in support of the rejection and arguments in            
          rebuttal set forth in the Examiner’s Answer.                                 
               It is our view, after consideration of the record before us,            
          that the evidence relied upon and the level of skill in the                  



               1 The Appeal Brief was filed June 19, 2002 (Paper No. 14).  In response 
          to the Examiner’s Answer dated July 3, 2002 (Paper No. 15), a Reply Brief was
          filed October 21, 2002 (Paper No. 17), which was acknowledged and entered by 
          the Examiner as indicated in the communication dated February 5, 2003 (Paper 
          No. 19).                                                                     
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