Ex Parte Muller - Page 3



           Appeal No. 2006-1145                                              Παγε 3                              
           Application No. 10/143,977                                                                            

                The prior art references of record relied upon by the                                            
           examiner in rejecting the appealed claims are:                                                        
           Hughes    4,229,919    Oct. 28, 1980                                                                  
           McClure    5,253,839    Oct. 19, 1993                                                                 
           Moses    5,314,156    May  24, 1994                                                                   

                Claims 1-3, 5, 6, 9-11, 16, 17, 21 and 22 stand rejected                                         
           under 35 U.S.C. § 102(b) as being anticipated by Moses.                                               
                Claim 4 stands rejected under 35 U.S.C. § 103(a) as being                                        
           unpatentable over Moses in view of Hughes.                                                            
                Claim 15 stands rejected under 35 U.S.C. § 103(a) as being                                       
           unpatentable over Moses in view of McClure.                                                           
                Rather than reiterate the conflicting viewpoints advanced by                                     
           the examiner and the appellant regarding the above-noted                                              
           rejections, we make reference to the answer (supplemental answer                                      
           mailed November 23, 2005) for the examiner's complete reasoning                                       
           in support of the rejections, and to the brief (filed March 10,                                       
           2005) for the appellant's arguments thereagainst.                                                     
                Only those arguments actually made by appellant have been                                        
           considered in this decision.  Arguments which appellant 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).                                      













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