Ex Parte Weiss - Page 3




              Appeal No. 2003-1146                                                                                       
              Application No. 09/595,249                                                                                 


              unpatentable over the teachings of Freedman in view of Brovman.                                            
                     4. Claims 14, 15, 17-22, 36, 37 and 39-44 stand rejected under 35 U.S.C.                            
              § 103(a) as being unpatentable over the teachings of Crandall in view of Freedman.                         
                     5. Claims 16 and 38 stand rejected under 35 U.S.C. § 103(a) as being                                
              unpatentable over the teachings of Crandall in view of Freedman and further in view of                     
              Inoue.                                                                                                     
                     Rather than repeat the arguments of appellant or the examiner, we make                              
              reference to the briefs and the answer for the respective details thereof.                                 
                                                       OPINION                                                           
                     We have carefully considered the subject matter on appeal, the rejections                           
              advanced by the examiner and the evidence of anticipation and obviousness relied                           
              upon by the examiner as support for the rejections.  We have, likewise, reviewed and                       
              taken into consideration, in reaching our decision, the appellant’s arguments set forth in                 
              the briefs along with the examiner’s rationale in support of the rejections 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 does not support the rejection of any of the claims on appeal.  Accordingly, we                       
              reverse.                                                                                                   
                     We consider first the rejection of claims 1-7, 10-13, 23-29 and 32-35 under 35                      
              U.S.C. § 102(b) as being anticipated by the disclosure of Freedman.  Anticipation is                       

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