Ex Parte SCHOLZE - Page 3




              Appeal No. 2002-1200                                                                  Page 3                 
              Application No. 09/351,164                                                                                   


                     The examiner relied upon the following prior art references of record in rejecting                    
              the appealed claims:                                                                                         
              Zweber                                             4,546,875            Oct. 15, 1985                        
              Schölzke et al. (Schölzke)                 196 524 49                   Jul.   02, 19981                     
              (German patent application)                                                                                  
                     The following rejection is before us for review.                                                      
                     Claims 1-16 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                        
              Schölzke in view of Zweber.                                                                                  
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                         
              the appellant regarding the above-noted rejection, we make reference to the answer                           
              (Paper No. 12) for the examiner's complete reasoning in support of the rejection and to                      
              the brief and reply brief (Paper Nos. 11 and 13) for the appellant's arguments                               
              thereagainst.                                                                                                
                                                        OPINION                                                            
                     In reaching our decision in this appeal, we have given careful 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.  For the reasons                         
              which follow, we cannot sustain the examiner’s rejection.                                                    





                     1 An English language translation of this reference, prepared by the Patent and Trademark Office,     
              is appended hereto.                                                                                          





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