Ex parte GILBERT - Page 2




          Appeal No. 2002-0352                                                        
          Application 09/374,205                                                      


          claim 1, which claim is representative of the subject matter                


          before us on appeal.  A copy of claim 1 can be found in the                 
          Appendix to appellant’s brief.                                              
          The prior art references of record relied upon by the                       
          examiner in rejecting the claims on appeal are:                             
          Gilbert                  5,121,544                Jun. 16, 1992             
                    Gringer             5,813,121                Sept. 29,            
          1998                                                                        
          (filed Jun. 17, 1996)                                                       
          Claims 1 through 4 stand rejected under 35 U.S.C. §                         
          103(a) as being unpatentable over Gilbert in view of Gringer.               
          Rather than reiterate the examiner's specific statements                    
          regarding the above-noted rejection and the conflicting                     
          viewpoints advanced by the examiner and appellant regarding                 
          that rejection, we make reference to the examiner's answer                  
          (Paper No. 12, mailed July 6, 2001) for the reasoning in                    
          support of the rejection, and to appellant’s brief (Paper No.               
          11, filed April 23, 2001) and reply brief (Paper No. 13, filed              
          August 28, 2001) for the arguments thereagainst.                            
          OPINION                                                                     
          In reaching our decision in this appeal, we have given                      

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