Ex Parte Warecki - Page 2




              Appeal No. 2005-1411                                                                  Page 2                
              Application No. 10/340,772                                                                                  


              (specification, page 1).   Claim 1 is representative of the invention and is reproduced,                    
              infra, in the opinion section of this decision.                                                             
                                                The Applied Prior Art                                                     
                     The examiner relied upon the following prior art references of record in rejecting                   
              the appealed claims:                                                                                        
              Ewald, Jr. (Ewald)                         4,244,486            Jan. 13, 1981                               
              McCloughan                                 4,457,441            Jul.     3, 1984                            
              Espedalen                                  4,743,742            May  10, 1988                               
                                                    The Rejections                                                        
                     The following rejections are before us for review.                                                   
                     Claims 1, 2 and 6 stand rejected under 35 U.S.C. § 103 as being unpatentable                         
              over Ewald.                                                                                                 
                     Claim 3 stands rejected under 35 U.S.C. § 103 as being unpatentable over                             
              Ewald in view of Espedalen.                                                                                 
                     Claims 4 and 5 stand rejected under 35 U.S.C. § 103 as being unpatentable over                       
              Ewald in view of McCloughan.                                                                                
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the answer                         
              (mailed September 21, 2004) for the examiner's complete reasoning in support of the                         
              rejections and to the brief (filed July 16, 2004) and reply brief (filed November 23, 2004)                 
              for the appellant's arguments thereagainst.                                                                 








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