Appeal No. 2002-0269
Application No. 09/495,604
Appellants have provided no rebuttal evidence in support of the arguments
submitted, and we consider the arguments to be unpersuasive in showing error in the
rejection. We thus sustain the Section 103 rejection of claim 2.
With respect to claim 3, appellants rely on the arguments in support of claim 1
that we find unconvincing. Claim 3 thus falls with claim 2, and we sustain the Section
103 rejection of both the claims.2
CONCLUSION
The rejection of claim 1 under 35 U.S.C. § 102 is affirmed. The rejection of
claims 2 and 3 under 35 U.S.C. § 103 is affirmed.
2 We note that claim 3 improperly depends from claim 1, rather than claim 2, which sets forth
antecedent for “said lower horizontal portion.”
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