Ex Parte SJAARDA - Page 3




                    Appeal No. 2001-2073                                                                                                                                  
                    Application No. 09/098,799                                                                                                                            


                    In addition to the foregoing rejections under § 112, the                                                                                              
                    appealed claims also stand rejected under 35 U.S.C. § 102(b) and                                                                                      
                    § 103 as follows:                                                                                                                                     


                    a) Claims 1 through 6 and 9 through 19 under 35 U.S.C.                                                                                                
                    § 102(b) as being anticipated by Graham;                                                                                                              


                    b) Claims 1, 2, 9 through 11, 13, 18 and 19 under 35 U.S.C.                                                                                           
                    § 102(b) as being anticipated by Amoils; and                                                                                                          


                    c) Claims 7 and 8 under 35 U.S.C. § 103 as being                                                                                                      
                    unpatentable over Graham.                                                                                                                             


                    Rather than reiterate the examiner's full statement of the                                                                                            
                    above-noted rejections and the conflicting viewpoints advanced by                                                                                     
                    the examiner and appellant regarding those rejections, we make                                                                                        
                    reference to the examiner's answer (Paper No. 16, mailed January                                                                                      
                    3, 2001) for the reasoning in support of the rejections, and to                                                                                       
                    appellant's brief (Paper No. 15, filed March 7, 2000) for the                                                                                         
                    arguments thereagainst.                                                                                                                               




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