Appeal No. 2000-1561
Application No. 08/768,922
The Examiner relies on the following prior art:
Kirchner et al. (Kirchner) 5,745,685 Apr. 28, 1998
(filed Dec. 29, 1995)
Claims 4-9 stand finally rejected under 35 U.S.C. § 102(e)
as being anticipated by Kirchner.
Rather than reiterate the arguments of Appellant and the
Examiner, reference is made to the Briefs1 and Answer for the
respective details.
OPINION
We have carefully considered the subject matter on appeal,
the rejection advanced by the Examiner and the evidence of
anticipation relied upon by the Examiner as support for the
rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, Appellant’s arguments
set forth in the Brief along with the Examiner’s rationale in
support of the rejection and arguments in rebuttal set forth in
the Examiner’s Answer.
1 The Appeal Brief was filed January 10, 2000 (Paper No. 16). In
response to the Examiner’s Answer dated March 28, 2000 (Paper No. 17), a Reply
Brief was filed May 30, 2000 (Paper No. 18), which was acknowledged and
entered by the Examiner as indicated in the communication dated September 19,
2000 (Paper No. 21).
3
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