Ex Parte BERSTIS - Page 2




            Appeal No. 2002-0604                                                          Page 2              
            Application No. 09/240,926                                                                        


                                               BACKGROUND                                                     
                   The appellant's invention relates to a portable electronic device.  An                     
            understanding of the invention can be derived from a reading of exemplary claims 3                
            and 6, which appear in the appendix to the appellant's Brief.                                     
                   The prior art reference of record relied upon by the examiner in rejecting the             
            appealed claims is:                                                                               
            Neumann                          5,956,660                       Sep. 21, 1999                    
                   Claim 3 stands rejected under 35 U.S.C. § 102(a) as being anticipated by                   
            Neumann.                                                                                          
                   Claims 6, 8-14, 17-23, 26-28 and 32-37 stand rejected under 35 U.S.C. § 103(a)             
            as being unpatentable over Neumann.1                                                              
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and              
            the appellant regarding the above-noted rejections, we make reference to the Answer               
            (Paper No. 12) for the examiner's complete reasoning in support of the rejections, and            
            to the Brief (Paper No. 10) for the appellant's arguments thereagainst.                           








                   1The statement of the rejection in the Answer erroneously included claims 29-31, which the 
            examiner previously had indicated contained allowable subject matter.                             






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