Ex Parte VOGMAN - Page 3




          Appeal No. 2001-1627                                                        
          Application No. 09/289,420                                 Page 3           

               Claims 1-31 stand rejected under 35 U.S.C. § 102(b) as being           
          clearly anticipated by Bang.                                                
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellant regarding the above-noted rejections,            
          we make reference to the examiner's answer (Paper No. 13, mailed            
          November 21, 2000) and the final rejection (Paper No. 7, mailed             
          March 28, 2000) for the examiner's complete reasoning in support            
          of the rejections, and to appellant's brief (Paper No. 12, filed            
          December 4, 2000) and reply brief (Paper No. 14, filed January              
          24, 2001) for appellant's arguments thereagainst.  Only those               
          arguments actually made by appellant have been considered in this           
          decision.  Arguments which appellant could have made but chose              
          not to make in the brief have not been considered.  See 37 CFR              
          1.192(a).                                                                   
                                       OPINION                                        
               In reaching our decision in this appeal, we have carefully             
          considered the subject matter on appeal, the rejections advanced            
          by the examiner, and the evidence of anticipation relied upon by            
          the examiner as support for the rejections.  We have, likewise,             
          reviewed and taken into consideration, in reaching our decision,            
          appellant's arguments set forth in the briefs along with the                










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