Appeal No. 2002-0899
Application No.09/609,652
The Examiner relies on the following prior art:
Wilcox et al. (Wilcox) 5,038,996 Aug. 13, 1991
Kim 5,186,381 Feb. 16, 1993
Claims 25 and 31 stand finally rejected under 35 U.S.C.
§ 103(a) as being unpatentable over the combination of Wilcox and
Kim.
Rather than reiterate the arguments of Appellants and the
Examiner, reference is made to the Brief1 and Answer for their
respective details.
OPINION
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, 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.
1 The Appeal Brief was filed December 31, 2001 in response to the
Examiner’s Answer dated February 22, 2002. Although Appellants filed a Reply
Brief on April 23, 2002, there is no indication from the record before us that
the Examiner considered the Reply Brief. In an effort, however, to expedite
the decision on this appeal, we decline to remand the application for the
Examiner to consider the entry of the Reply Brief. The nature of the decision
rendered by us in this appeal obviates the need for any such consideration of
the Reply Brief by the Examiner.
-3–3
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