Ex Parte Todd - Page 3

              Appeal Number: 2006-3291                                                                                         
              Application Number: 10/178,845                                                                                   

                   This appeal arises from the examiner’s final rejection, mailed July 21, 2005.                               
              The appellant filed a brief in support of the appeal on October 24, 2005, and the                                
              examiner mailed an answer to the appeal brief on January 6, 2006.  The appellant                                 
              requested an oral hearing, and the case was heard on February 13, 2007.                                          
                                                       PRIOR ART4                                                              
                   The prior art references of record relied upon by the examiner in rejecting the                             
              appealed claims are:                                                                                             
              Izumida  US 4,883,320 Nov. 28, 1989                                                                              
              Vento  US 5,441,331 Aug. 15, 1995                                                                                
              Davis  US 5,456,519 Oct. 10, 1995                                                                                
              MacKenzie  US 5,868,463 Feb. 09, 1999                                                                            
              Riach, Jr.  US 2002/0068847 Jun. 6, 2002                                                                         
                                                                                  (Dec. 5, 2000)                               


                                                      REJECTIONS5                                                              
                   Claims 1, 4 and 24 stand rejected under 35 U.S.C. § 102(b) as anticipated by                                
              Davis.                                                                                                           
                   Claim 2 stands rejected under 35 U.S.C. § 103(a) as obvious over Davis and                                  
              MacKenzie6.                                                                                                      
                                                                                                                               
              4 The examiner failed to list these references as required (MPEP § 1207.02(A)(8))                                
              in the Evidence Relied Upon section (Answer 3), but did refer to Davis in the                                    
              Grounds of Rejection (Answer 4-5).  The examiner referred to all of these                                        
              references in the Final Rejection pp. 3-8.                                                                       
              5 The examiner withdrew a rejection against claims 1, 2 and 4-13 under 35 U.S.C.                                 
              § 112, first paragraph (Answer 2).                                                                               
                                                              3                                                                


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