Appeal No. 2001-2254
Application 08/951,937
The examiner relies on the following reference:
Mitchell et al. (Mitchell) 5,872,973 Feb. 16, 1999
(filed Oct. 26, 1995)
Claims 1-16 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by the disclosure of Mitchell.
Rather than repeat the arguments of appellants or the
examiner, we make reference to the brief and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on appeal,
the rejection advanced by the examiner and the evidence of
anticipation relied upon by the examiner as support for the
rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellants’
arguments set forth in the brief 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 does not support the examiner’s
rejection. Accordingly, we reverse.
Appellants have indicated that for purposes of this appeal
the claims will all stand or fall together as a single group
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