Ex Parte STONE - Page 4




          Appeal No. 2002-0339                                                        
          Application 09/226,252                                                      


               Claim 18 stands rejected under 35 35 U.S.C. § 103(a) as                
          being unpatentable over Lowden in view of Slater, Patch, and                
          Hawley (The Condensed Chemical Dictionary).                                 


               The full text of the examiner’s rejections and response to             
          the argument presented by appellant appears in the answer (Paper            
          No. 17), while the complete statement of appellant’s argument can           
          be found in the brief (Paper No. 11).2                                      


                                       OPINION                                        


               In reaching our conclusion on the issues raised in this                
          appeal, this panel of the board has carefully considered                    
          appellant’s specification and claims, the applied teachings,3 and           


               2 A reply brief (Paper No. 18) was denied entry by the                 
          examiner as being untimely (Paper No. 20).  As per the telephone            
          call of April 3, 2002 initiated by Program and Resource                     
          Administrator Craig Feinberg of the Board of Patent Appeals and             
          Interferences, we are informed that counsel Huntley will not file           
          any petition regarding the denial of entry of the reply brief.              
          Thus, the reply brief is not before us for consideration.                   
               3 In our evaluation of the applied prior art, we have                  
          considered all of the disclosure of each document for what it               
          would have fairly taught one of ordinary skill in the art.  See             
          In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                
          Additionally, this panel of the board has taken into account not            
                                                             (continued...)           
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