Ex Parte CHEEK et al - Page 4




          Appeal No. 2001-1419                                                        
          Application No. 09/199,960                                                  


               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs,1 the final Office                
          action, and the Answer for the respective details.                          
                                    OPINION                                           
              We have carefully considered the subject matter on appeal,                                                                     
          the rejection advanced by the Examiner, the arguments in support            
          of the rejection, and the evidence of obviousness relied upon by            
          the Examiner as support for the rejection.  We have, likewise,              
          reviewed and taken into consideration, in reaching our decision,            
          Appellants’ arguments set forth in the Briefs along with the                
          Examiner’s rationale in support of the rejection and arguments in           
          rebuttal set forth in the Examiner’s Answer.                                
               It is our view, after consideration of the record before us,                                                                     
          that the evidence relied upon and the level of skill in the                 
          particular art would have suggested to one of ordinary skill in             
          the art the obviousness of the invention as set forth in claims             
          9-17.  Accordingly, we affirm.                                              
               We note that Appellants indicate at page 3 of the Brief                
          that, for the purposes of this appeal, the appealed rejected                

               1 The Appeal Brief was filed October 30, 2000 (Paper No. 9) in response
          to the final Office action mailed May 24, 2000 (Paper No. 5).  In response to
          the Examiner’s Answer mailed November 27, 2000 (Paper No. 10), a Reply Brief
          was filed January 31, 2001 (Paper No. 11), which was acknowledged and entered
          by the Examiner in the communication dated February 9, 2001 (Paper No. 12). 
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