Ex Parte MASSEY, JR. - Page 3




          Appeal No. 2004-0298                                                        
          Application No. 09/385,226                                                  


          John W. Cones and Pete Wilke (Cones), “Internet Film Offerings,”            
          203-205 (1998).                                                             
          Successful Farming, “Feeder Pig Factories,” 1 page (March 1978).            
               Claim 1-52, all of the appealed claims, stand finally rejected         
          under 35 U.S.C. § 103(a) as being unpatentable over the admitted            
          prior art in view of Plain Dealer, Cones, St. Paul, and Successful          
          Farming.                                                                    
               Rather than reiterate the arguments of Appellant and the               
          Examiner, reference is made to the Briefs2 and the Answer for the           
          respective details.                                                         
                                       OPINION                                        
               We have carefully considered the subject matter on appeal, the         
          rejection advanced by the Examiner 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.                             




               2 The Appeal Brief was filed July 28, 2003 (Paper No. 21).  In response
          to the Examiner’s Answer mailed September 29, 2003 (Paper No. 23), a Reply  
          Brief was filed October 17, 2003 (Paper No. 24), which was acknowledged and 
          entered by the Examiner in the communication dated October 21, 2003 (Paper No.
          25).                                                                        
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