Appeal No. 2005-1729 4
Application No. 09/921,762
Claims 34, 38 and 39 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over
the APA or the APA in view of Wise, taken further in view of Elvin-Jensen.
Rather than attempt to reiterate the examiner's commentary with regard to the above-
noted rejections and the conflicting viewpoints advanced by appellants and the examiner
regarding those rejections, we make reference to the answer (mailed December 8, 2004)
for the examiner’s reasoning in support of the rejections, and to appellants’ brief (filed April
5, 2004) and reply brief (filed February 8, 2005) for the arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
appellants’ specification and claims, to the applied prior art, and to the respective positions
articulated by appellants and the examiner. As a consequence of our review, we have
made the determination that none of the rejections before us on appeal will be sustained.
Our reasons for that determination follow.
In considering the rejection of claims 1 through 4, 32 through 38 and 40 through 43
under 35 U.S.C. § 102(b) as being anticipated by the APA, we direct attention to pages 4-6
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