Appeal No. 2002-0933
Application No. 09/325,944
Claims 1 through 7, 9, 14 and 15 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Rague.
Claim 8 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Rague as applied to claim 1 above, and further
in view of Fischell.
Claims 10 through 13 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Rague.
Rather than reiterate the examiner's full commentary with
regard to the above-noted rejections and the conflicting
viewpoints advanced by the examiner and appellant regarding those
rejections, we make reference to the Final rejection (Paper No.
10, mailed January 16, 2001) and to the examiner's answer (Paper
No. 15, mailed November 5, 2001) for the examiner's reasoning in
support of the rejections, and to appellant's brief (Paper No.
14, filed August 16, 2001) and reply brief (Paper No. 16, filed
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