Ex Parte Strobel et al - Page 2




                 Appeal No. 2002-1265                                                                                   Page 2                     
                 Application No. 09/558,575                                                                                                        


                                                               BACKGROUND                                                                          
                         The appellants' invention relates to a rotary cutting tool.  A copy of the claims                                         
                 under appeal is set forth in the appendix to the appellants' brief.                                                               


                         Claims 30 to 32 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                                           
                 U.S. Patent No. 4,662,803 to Arnold.                                                                                              


                         Rather than reiterate the conflicting viewpoints advanced by the examiner and                                             
                 the appellants regarding the above-noted rejection, we make reference to the answer                                               
                 (Paper No. 12, mailed July 27, 2001) for the examiner's complete reasoning in support                                             
                 of the rejection, and to the brief (Paper No. 11, filed June 11, 2001) and reply brief                                            
                 (Paper No. 13, filed August 20, 2001) for the appellants' arguments thereagainst.                                                 


                                                                   OPINION                                                                         
                         In reaching our decision in this appeal, we have given careful consideration to                                           
                 the appellants' specification and claims, to the applied prior art reference, and to the                                          
                 respective positions articulated by the appellants and the examiner.  As a consequence                                            
                 of our review, we make the determinations which follow.                                                                           











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