Ex Parte BERNHARDT - Page 2




          Appeal No. 2002-0095                                                        
          Application No. 09/378,051                                                  


          respective copies of which are appended to the main brief (Paper            
          No. 11).                                                                    


               As evidence of anticipation, the examiner has applied the              
          document specified below:                                                   
          Bernhardt                5,308,061                May 3, 1994               


               The following rejection is before us for review.                       


               Claims 7 through 18 stand rejected under 35 U.S.C. § 102(b)            
          as being anticipated by Bernhardt.2                                         


               The full text of the examiner’s rejection and response to              
          the argument presented by appellant appears in the answer (Paper            
          No. 12), while the complete statement of appellant’s argument can           
          be found in the main and reply briefs (Paper Nos. 11 and 13).               





               2 In error, both the final rejection (Paper No. 7, page 2)             
          and the answer (Paper No. 12, page 2) indicate claims 1 through             
          18 as being under rejection when the application file reveals               
          that claims 1 through 6 were canceled (Paper No. 6) prior to the            
          final rejection and the cover sheet of the final rejection                  
          correctly indicates that claims 7 through 18 are rejected.                  
                                          2                                           





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