Appeal 2007-1754
Application 09/943,599
Sites US 5,764,885 Jun. 9, 1998
Mann US 6,009,270 Dec. 28, 1999
Edwards US 6,732,307 B1 May 4, 2004
(filed Oct. 1, 1999)
1. Claims 1, 4, and 53 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Mann.
2. Claims 13, 15, and 16 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Sites in view of Mann.
3. Claims 23, 24, and 27-30 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Sites in view of Mann and further in view of
Edwards.
Rather than repeat the arguments of Appellants or the Examiner, we
refer to the Briefs and the Answer4 for their respective details. In this
decision, we have considered only those arguments actually made by
Appellants. Arguments which Appellants could have made but did not make
in the Briefs have not been considered and are deemed to be waived. See 37
C.F.R. § 41.37(c)(1)(vii).
OPINION
The Anticipation Rejection
3 Although the Examiner indicates that claims 1-10 and 12 are rejected under
35 U.S.C. § 102(e) (Answer 4), claims 2, 3, and 6-10 (among other claims)
have been cancelled. See Answer 2; see also Br. 3.
4 An Examiner’s Answer was first mailed in May 3, 2006, but was revised
on Dec. 5, 2006 following an Order from the Board. A third Examiner’s
Answer was mailed Mar. 13, 2007. We refer to the March 2007 Answer
throughout this opinion.
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