Ex Parte Schopf - Page 3




              Appeal No. 2005-0180                                                                      3               
              Application No. 09/928,070                                                                                


                     The prior art references relied upon by the examiner in rejecting the claims on                    
              appeal are:                                                                                               
              Kendall                                   4,826,372                          May 2, 1989                  
              Possati et al. (Possati)                  5,299,360                          Apr. 5, 1994                 
                                                                                                                       
                     Claims 8 through 10 stand rejected under 35 U.S.C. § 102(b) as being                               
              anticipated by Kendall.                                                                                   


                     Claims 13 through 15 stand rejected under 35 U.S.C. § 103(a) as being                              
              unpatentable over Possati in view of Kendall.                                                             


                     Rather than attempt to reiterate the examiner's full commentary with regard to                     
              the above-noted rejections and the conflicting viewpoints advanced by the examiner                        
              and appellant regarding those rejections, we make reference to the examiner's answer                      
              (mailed January 13, 2004) for the reasoning in support of the rejections, and to                          
              appellant’s brief (filed October 31, 2003) and reply brief (filed March 5, 2004) for the                  
              arguments thereagainst.                                                                                   















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