Ex Parte PEGG - Page 4




          Appeal No. 2002-1163                                                         
          Application 09/393,374                                                       


          Reference is made to the examiner's answer (Paper No. 9,                     
          re-mailed September 6, 2001) for the full reasoning in support of            
          the above-noted rejection and to appellant’s brief (Paper No. 8,             
          filed August 6, 2001) and reply brief (Paper No. 11, filed                   
          October 1, 2001) for the arguments thereagainst.                             


               OPINION                                                                 


          Our evaluation of the obviousness issues raised in this                      
          appeal has included a careful assessment of appellant’s                      
          specification and claims, the applied prior art, and the                     
          respective positions advanced by appellant and the examiner.  As             
          a consequence of our review, we have reached the conclusions                 
          which follow.                                                                


          Before addressing the examiner's rejection based on prior                    
          art, we note that it is an essential prerequisite that the                   
          claimed subject matter be fully understood.  Accordingly, we                 
          initially direct our attention to appellant’s independent claims             
          1 and 6 to derive an understanding of the scope and content                  
          thereof.                                                                     


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