Ex Parte McMahon et al - Page 5



        Appeal No. 2006-0335                                                          
        Application No. 10/301,308                                                    


        Rather than attempt to reiterate the examiner's full                          
        commentary with regard to the rejections set forth in the answer              
        and the conflicting viewpoints advanced by the examiner and                   
        appellants regarding those rejections, we make reference to the               
        examiner's answer (mailed June 24, 2004) for the reasoning in                 
        support of the rejections, and to appellants’ brief (filed May 3,             
        2004) and reply brief (filed August 26, 2004) 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 references, and to the respective positions             
        articulated by appellants and the examiner.  As a consequence of              
        our review, we have made the determinations which follow.                     
                                                                                      
        42, 44, 45, 47, 48, 50, 51 and 53 through 59 based on                         
        obviousness-type double patenting.                                            





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