Ex Parte LOW et al - Page 3




            Appeal No. 2004-0748                                                          Page 3              
            Application No. 09/427,226                                                                        


                   Claims 13 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable                
            over Hacke.                                                                                       


                   Rather than reiterate the conflicting viewpoints advanced by the examiner and              
            the appellants regarding the above-noted rejections, we make reference to the final               
            rejection (Paper No. 18, mailed May 30, 2002) and the answer (Paper No. 23, mailed                
            January 30, 2003) for the examiner's complete reasoning in support of the rejections,             
            and to the brief (Paper No. 22, filed October 22, 2002) for the appellants' arguments             
            thereagainst.                                                                                     


                                                  OPINION                                                     
                   In reaching our decision in this appeal, we have given careful consideration to            
            the appellants' specification and claims, to the applied prior art references, and to the         
            respective positions articulated by the appellants and the examiner.  As a consequence            
            of our review, we make the determinations which follow.                                           


            The anticipation rejection based on Buechele                                                      
                   We will not sustain the rejection of claims 1, 2, 11 and 12 under 35 U.S.C.                
            § 102(e) as being anticipated by Buechele.                                                        









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