Ex Parte Acres - Page 3



            Appeal No. 2005-1664                                                                       
            Application 09/878,111                                                                     
            "Br__") and reply brief (pages referred to as "RBr__") for a                               
            statement of appellant's arguments thereagainst.                                           
                                               OPINION                                                 
            Comment on Olsen as prior art                                                              
                  If appellant is correct about the characterizations of this                          
            application as a continuation or division of ancestor                                      
            applications, then Olsen is not prior art.  This application is                            
            said to be a continuation of Application 09/086,964, filed                                 
            May 29, 1998, now U.S. Patent 6,254,483, issued July 3, 2001,                              
            which is said to be a continuation of Application 08/465,717                               
            ('717 application), filed June 6, 1995, now U.S. Patent                                    
            5,836,817, issued November 17, 1998, which is said to be a                                 
            division of Application 08/322,172 ('172 application), filed                               
            October 12, 1994, now U.S. Patent 5,655,961, issued                                        
            August 12, 1997.  Both the '717 application and the '172                                   
            application have earlier filing dates than the earliest effective                          
            filing date of Olsen.  Nevertheless, since appellant has not                               
            argued that he is entitled to the priority dates of the earlier                            
            applications, and since the drawing figures are different,                                 
            implying a difference in disclosure, we treat Olsen as prior art.                          
            The rejection and arguments                                                                
                  Appellant argues that the examiner did not identify where                            
            each element of the claims is disclosed in Olsen, making it                                
            impossible to address the specifics of the rejection (Br4).  It                            
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