Appeal No. 2001-0350
Application 09/243,835
Rather than repeat the positions of the appellants and the
examiner, reference is made to the brief and the answer for the
respective details thereof.
OPINION
For the reasons set forth by the examiner in the answer as
embellished here, we sustain the rejection of claims 2 and 3
under 35 U.S.C. ' 103. Appellants' arguments focus only on claim
specifically recites a rejection of claim 2. This appears to
bean inadvertent error in not listing the rejection of claim 3
at page 3 of the answer. Notwithstanding the fact that
appellants indicate at page 9 of the brief that claim 3 is not
argued, its rejection ordinarily must be stated in the answer to
the extent it is maintained by the examiner, otherwise it may be
construed as not being rejected.
3
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