Ex Parte KLEIN et al - Page 3




         Appeal No. 2002-1392                                                        
         Application No. 09/390,996                                                  


         McShane et al. (McShane)       5,613,690           Mar. 25, 1997            
         Lipps et al. (Lipps)           5,860,861           Jan. 19, 1999            
               Claims 1, 8, 12, and 25 through 27 stand rejected under 35            
         U.S.C. § 102(e) as being anticipated by Lipps.                              
               Claims 9, 13, 14, and 22 stand rejected under 35 U.S.C.               
         § 103 as being unpatentable over Lipps in view of McShane.                  
               Claims 21 and 23 stand rejected under 35 U.S.C. § 103 as              
         being unpatentable over Lipps in view of Furtado.                           
               Claim 24 stands rejected under 35 U.S.C. § 103 as being               
         unpatentable over Lipps in view of Ward.                                    
               Reference is made to the Examiner's Answer (Paper No. 24,             
         mailed November 7, 2001) for the examiner's complete reasoning in           
         support of the rejections, and to appellants' Brief (Paper No.              
         23, filed September 21, 2001) and Reply Brief (Paper No. 25,                
         filed January 7, 2002) for appellants' arguments thereagainst.              
                                      OPINION                                        
               We have carefully considered the claims, the applied prior            
         art references, and the respective positions articulated by                 
         appellants and the examiner.  As a consequence of our review, we            
         will reverse both the anticipation rejection of claims 1, 8, 12,            
         and 25 through 27 and also the obviousness rejections of claims             
         9, 13, 14, and 21 through 24.                                               
               Regarding the anticipation rejection of claims 1, 8, 12, and          
         25 through 27, we find nothing in Lipps that would correspond to            

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