Ex Parte RUSSO - Page 3




            Appeal No. 2002-1643                                                          Page 3              
            Application No. 09/140,700                                                                        


                   Claims 24 and 29 stand rejected under 35 U.S.C. § 103 as being unpatentable                
            over Murphy in view of Jacobson.                                                                  


                   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. 29, mailed January 22, 2002) for the examiner's complete reasoning in                  
            support of the rejections, and to the brief (Paper No. 28, filed December 14, 2001) 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.  Upon evaluation of           
            all the evidence before us, it is our conclusion that the evidence adduced by the                 
            examiner is insufficient to establish a prima facie case of obviousness with respect to           
            the claims under appeal.  Accordingly, we will not sustain the examiner's rejection of            
            claims 1, 2, 5, 7, 11, 13, 15, 16, 24 and 29 under 35 U.S.C. § 103.  Our reasoning for            
            this determination follows.                                                                       











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