Ex Parte WOOD et al - Page 3



          Appeal No. 2004-0024                                                           
          Application No. 09/249,922                                    Page 3           

          (Graham)                                                                       
          Gaus                     5,604,406                 Feb. 18, 1997               
               Claim 1 stands rejected under 35 U.S.C. § 103(a) as being                 
          unpatentable over Gaus in view of Cockram.                                     
               Claims 2-4 stand rejected under 35 U.S.C. § 103(a) as being               
          unpatentable over Gaus in view of Cockram and further in view of               
          Graham.                                                                        
               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. 21, mailed               
          December 3, 2002) for the examiner's complete reasoning in                     
          support of the rejections, and to appellants' brief (Paper No.                 
          20, filed September 19, 2002, reply brief (Paper No. 23, filed                 
          February 3, 2003) and the Declaration of Mr. Robert J. Wood under              
          37 CFR  §1.132 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                                          







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