Ex Parte Mesaros - Page 2




              Appeal No. 2006-0659                                                                 Παγε 2                                       
              Application No. 10/370,237                                                                                                        


                                                  THE PRIOR ART                                                                                 
                     The prior art reference of record relied upon by the examiner in rejecting the                                             
              appealed claims is:                                                                                                               
              Pallakoff    6,269,343 B1         July 31, 2001                                                                                   

                                                  THE REJECTION                                                                                 
                     Claims 1 to 4, 6 to 16 and 18 to 31 stand rejected under 35 U.S.C. § 102(e) as                                             
              being anticipated by Pallakoff.                                                                                                   
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                                              
              the appellant regarding the above-noted rejection, we make reference to the answer                                                
              (mailed August 22, 2005) for the examiner's complete reasoning in support of the                                                  
              rejection, and to the brief (filed June 28, 2005) and reply brief (filed October 24, 2005)                                        
              for the appellant's arguments thereagainst.                                                                                       


                                                       OPINION                                                                                  
                     In reaching our decision in this appeal, we have given careful consideration to                                            
              the appellant's specification and claims, to the applied prior art reference, and to the                                          
              respective positions articulated by the appellant and the examiner.  As a consequence                                             
              of our review, we make the determinations which follow.                                                                           
                     The examiner has rejected the claims under 35 U.S.C. § 102(e).  A claim is                                                 
              anticipated only if each and every element as set forth in the claim is found, either                                             
















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