Ex Parte RAMIN - Page 3




              Appeal No. 2002-0526                                                                                      
              Application No. 09/141,515                                                                                


              Grounds of Rejection                                                                                      
                     Claims 1-22 and 24-38 stands rejected under 35 U.S.C. ' 103                                        
              as obvious over Clarke in combination with Ramin.                                                         
                     Claim 23 stands rejected under 35 U.S.C. ' 103 as obvious                                          
              over Clarke and Ramin in further view of Commander.                                                       
                     We affirm the rejection of claim 23, vacate the rejection of                                       
              claims 1-22 and 24-38 under 35 U.S.C. ' 103 and remand the                                                
              application to the examiner for reconsideration of the issues                                             
              discussed herein.                                                                                         
                                                               DISCUSSION                                               
                     In reaching our decision in this appeal, we have given consideration to the                        
              appellant=s specification and claims, to the applied prior art references, and to the                     
              respective positions articulated by the appellant and the examiner.                                       
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellant regarding the noted rejection, we make reference to the examiner's                          
              Answer for the examiner's reasoning in support of the rejection, and to the appellant=s                   
              Brief and Reply Brief for the appellant=s arguments thereagainst.  As a consequence of                    
              our review, we make the determinations which follow.                                                      





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