Appeal No. 2004-2060
Application No. 09/891,271
Rather than reiterate the examiner's full commentary
regarding the above-noted anticipation rejection and the
conflicting viewpoints advanced by the examiner and appellants,
we make reference to the final rejection (mailed February 5,
2003) and the examiner's answer (mailed January 27, 2004) for the
reasoning in support of the rejection and to appellants' brief
(filed November 5, 2003) for the arguments thereagainst.
OPINION
In reaching our decision in this appeal, this panel of the
Board has given careful consideration to appellants'
specification and claims, to the applied prior art Counts patent,
and to the respective positions articulated by appellants and the
examiner. As a consequence of our review, we have reached the
determination that the examiner's rejection will not be
sustained. Our reasons follow.
In urging that claims 1 through 3 and 6 through 11 are
anticipated under 35 U.S.C. § 102(b) based on Counts, the
examiner has found, inter alia, that Counts discloses
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