Appeal No. 2001-2019
Application No. 08/996,567 Page 3
Claims 8-10 and 13 stand rejected under 35 U.S.C. § 103(a)
as unpatentable over Berry, III in view of Markl and Right.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and appellants regarding the above-noted rejections,
we make reference to the examiner's answer (Paper No. 18, mailed
December 26, 2000) for the examiner's complete reasoning in
support of the rejections, and to appellants' brief (Paper No.
17, filed August 7, 2000) and reply brief (Paper No. 19, filed
February 23, 2001) for appellants' arguments thereagainst. Only
those arguments actually made by appellants have been considered
in this decision. Arguments which appellants 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 obviousness relied upon by
the examiner as support for the rejections. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellants' arguments set forth in the briefs along with the
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