Ex Parte WHEELER et al - Page 3




          Appeal No. 2002-1380                                                        
          Application No. 08/786,270                                 Page 3           


               Claims 58 and 74 stand rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Thomas in view of either Mischler or                
          Fisher.                                                                     
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellants regarding the above-noted rejections,           
          we make reference to the final rejection (Paper No. 15, mailed              
          September 5, 2000) and the examiner's answer (Paper No. 20,                 
          mailed April 19, 2001) for the examiner's complete reasoning in             
          support of the rejections, and to appellants' brief (Paper No.              
          19, filed February 22, 2001) and reply brief (Paper No. 21, filed           
          June 21, 2001) for appellants' arguments thereagainst.  Only                
          those arguments actually made by appellants have been considered            
          in this decision.  Arguments which appellants 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 rejections advanced            
          by the examiner, and the evidence of anticipation and obviousness           
          relied upon by the examiner as support for the rejections.  We              
          have, likewise, reviewed and taken into consideration, in                   







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