Ex Parte Berman et al - Page 3



        Appeal No. 2006-0629                               Παγε 3                     
        Application No. 10/668,021                                                    

            Claims 1-9, 19 and 20 stand rejected under 35 U.S.C. § 102                
        (a) or (e) as being anticipated by Lin.                                       
            Rather than reiterate the conflicting viewpoints advanced by              
        the examiner and the appellants regarding the above-noted                     
        rejections, we make reference to the answer (mailed August 29,                
        2005) for the examiner's complete reasoning in support of the                 
        rejections, and to the brief (filed July 17, 2005) and reply                  
        brief (filed October 31, 2005) for the appellants' arguments                  
        thereagainst.                                                                 
            Only those arguments actually made by appellants have been                
        considered in this decision.  Arguments which appellants could                
        have made but chose not to make in the brief have not been                    
        considered.  See 37 CFR § 41.37(c)(1)(vii)(eff. Sept. 13, 2004).              

                                 OPINION                                              
            In reaching our decision in this appeal, we have carefully                
        considered the subject matter on appeal, the rejections advanced              
        by the examiner, and the evidence of obviousness relied upon by               
        the examiner as support for the rejections.  We have, likewise,               
        reviewed and taken into consideration, in reaching our decision,              
        appellants' arguments set forth in the briefs along with the                  














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