Ex Parte Mitra et al - Page 4



         Appeal No. 2006-1729                                                       
         Application No. 10/107,628                                                 
         B.  Claims 22, 24 through 26 and 28 through 34 stand rejected              
         under 35 U.S.C. § 102 as being anticipated by Rajski.                      

         C.  Claims 1 through 22 stand rejected under 35 U.S.C. § 103 as            
         being unpatentable over the combination of Rajski and Hong.                

              Rather than reiterate the arguments of Appellants and the             
         Examiner, the opinion refers to respective details in the Briefs2          
         and the Examiner’s Answer3.  Only those arguments actually made            
         by Appellants have been considered in this decision.  Arguments            
         that Appellants could have made but chose not to make in the               
         Briefs 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                

                                                                                   
         2 Appellants filed an Appeal Brief on May 20, 2005.  Appellants filed a Reply
         Brief on October 06, 2005.                                                 
         3 The Examiner mailed an Examiner’s Answer on August 11, 2005.  The Examiner
         mailed an office communication on December 20, 2005, stating that the Reply
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