Ex Parte ZAPPACOSTA - Page 3




          Appeal No. 2002-0555                                                        
          Application 09/361,514                                                      


          The sole prior art reference of record relied upon by the                   
          examiner in rejecting claims 1, 3 and 4 is:                                 
          Lee                      5,757,618           May 26, 1998                   


          Claims 1, 3 and 4 stand rejected under 35 U.S.C. §103(a) as                 
          being unpatentable over Lee.                                                


          Rather than attempt to reiterate the examiner's commentary                  
          with regard to the above-noted rejection and the conflicting                
          viewpoints advanced by appellant and the examiner regarding that            
          rejection, we make reference to the examiner's answer (Paper No.            
          10, mailed July 3, 2001) for the reasoning in support of the                
          rejection, and to appellant’s brief (Paper No. 9, filed June 11,            
          2001) and reply briefs (Paper Nos. 11 and 13) for the arguments             
          thereagainst.                                                               


               OPINION                                                                


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellant’s specification and claims, to           
          the applied prior art Lee patent, and to the respective positions           
          articulated by appellant and the examiner. As a consequence of              
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