Appeal No. 2002-0010
Application 09/073,308
The claimed subject matter may be further understood with
reference to the appealed claims appended to appellants’ brief.
The reference of record relied upon by the examiner as
evidence of anticipation and obviousness is:
Fritchman 4,642,037 Feb. 10, 1987
THE REJECTIONS
Claim 1 stands rejected under 35 U.S.C. § 102 as anticipated
by Fritchman.
Claims 1 through 3 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Fritchman.
OPINION
We have carefully reviewed the rejections on appeal in light
of the arguments of the appellants and the examiner. As a result
of this review, we have determined that claim 1 is anticipated by
the applied prior art and claims 1-3 are prima facie obvious in
view thereof. Inasmuch as appellants have not presented
additional evidence to rebut the prima facie case, all rejections
on appeal are affirmed. Our reasons follow.
The examiner’s findings of fact with regard to Fritchman are
in the last full paragraph of page 3 of the answer. We adopt
these findings as our own.
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