Ex Parte DEWAR et al - Page 3




          Appeal No. 2002-1445                                                        
          Application No. 09/280,775                                                  



               Claims 1, 2, 4 through 7, 9, 12 through 15, and 18 through             
          21 stand rejected under 35 U.S.C. § 103 as being unpatentable               
          over Suzuki in view of Scanlon.                                             


               The full text of the examiner's rejections and response to             
          the argument presented by appellants appears in the answer (Paper           
          No. 17), while the complete statement of appellants' argument can           
          be found in the brief (Paper No. 16).2                                      


                                       OPINION                                        


               In reaching our conclusion on the issues raised in this                
          appeal, this panel of the board has carefully considered                    
          appellants' specification and claims, the applied teachings,3 and           

               2 The examiner's objection regarding claims 18 and 21                  
          (answer, page 3), discussed by appellants in the brief (page 9),            
          relates to a petitionable, not an appealable, matter.  Therefore,           
          we shall not further comment thereon.                                       
               3 In our evaluation of the applied prior art, we have                  
          considered all of the disclosure of each document for what it               
          would have fairly taught one of ordinary skill in the art.  See             
          In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                
          Additionally, this panel of the board has taken into account not            
          only the specific teachings, but also the inferences which one              
          skilled in the art would reasonably have been expected to draw              
                                                             (continued...)           
                                          3                                           





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