Ex Parte Lin et al - Page 4




         Appeal No. 2006-1204                                                       
         Application No. 10/379,006                                                 
                                                                                   
                                     References                                     
              The Examiner relies on the following reference:                       
         Mooney et al.   6,087,847    July 11, 2000                                 
                                Rejections At Issue                                 
              A. Claims 1, 2, 5, 9-11, 13, 14, 22, 24, 25, 50 and 55 stand          
         rejected under 35 U.S.C. § 102 as being anticipated by Mooney et           
         al.                                                                        
              B. Claims 40 and 45 stand rejected under 35 U.S.C. § 103 as           
         being unpatentable over Mooney et al.                                      
              Rather than reiterating the arguments of Appellants and the           
         Examiner, the opinion refers to respective details in the Brief2           
         and the Examiner’s Answer3. 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 taken into consideration.  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 Examiner’s                    
         rejections, the arguments in support of the rejections and the             
         evidence of anticipation and obviousness relied upon by the                
         Examiner as support for the rejections.  We have likewise                  
                                                                                   
         2 Appellants filed an Appeal Brief on June 06, 2005.                       
         3 The Examiner mailed an Examiner’s Answer on  August 26, 2005.            
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