Ex Parte APPELMAN - Page 3




            Appeal No. 2002-0366                                                   Page 3              
            Application No. 08/803,692                                                                 


            (filed Dec. 22, 1995)                                                                      
                  Claims 5, 6, 12, 13, 21-24, 27, 35-38, and 41 stand rejected                         
            under 35 U.S.C. § 103(a) as unpatentable over Tang'365 in view of                          
            Tang'173.  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.                          
            28, mailed January 17, 2001) for the examiner's complete                                   
            reasoning in support of the rejections, and to appellant's brief                           
            (Paper No. 27, filed November 1, 2000) 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 rejection advanced                            
            by the examiner, and the evidence of obviousness relied upon by                            
            the examiner as support for the rejection.  We have, likewise,                             
            reviewed and taken into consideration, in reaching our decision,                           
            appellant's arguments set forth in the brief along with the                                









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