Ex Parte Klivington et al - Page 3

               Appeal Number: 2006-3365                                                                                             
               Application Number: 10/329,921                                                                                       



                                                          PRIOR ART                                                                 
                    The prior art references of record relied upon by the examiner in rejecting the                                 
               appealed claims are:                                                                                                 
               Raveis, Jr. US 2001/0047282 A1 Nov. 29, 2001                                                                         
               Broerman US 6,594,633 B1  Jul. 15, 2003                                                                              
                                                                             (Jul. 7, 1999)                                         
               Virginia Regional Sales Contract, 1999                                                                               


                                                         REJECTIONS                                                                 
                    Claims 1 through 10 and 13 through 26 stand rejected under 35 U.S.C. § 103(a)                                   
               as obvious over Broerman and Raveis, Jr..                                                                            
                    Claims 11 and 12 stand rejected under 35 U.S.C. § 103(a) as obvious over                                        
               Broerman, Raveis, Jr. and the Virginia Regional Sales Contract.                                                      
                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                                   
               the appellants regarding the above-noted rejections, we make reference to the                                        
               examiner's answer (mailed Apr. 28, 2006) for the reasoning in support of the                                         
               rejection, and to appellants’ brief (filed Apr. 6, 2006) and reply brief (filed Jul. 6,                              
               2006) for the arguments thereagainst.                                                                                
                                                           OPINION                                                                  
                    In reaching our decision in this appeal, we have given careful consideration to                                 
               the appellants’ specification and claims, to the applied prior art references, and to                                
               the respective positions articulated by the appellants and the examiner. As a                                        
               consequence of our review, we make the determinations that follow.                                                   

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