Ex Parte WARMKA et al - Page 3




          Appeal No. 2002-1471                                       Page 3           
          Application No. 09/141,183                                                  


               a first longitudinal inhibiting capture adapted to secure              
          the conductor sleeve to the resilient section of the load beam              
          such that longitudinal displacement of the conductor sleeve                 
          proximate the first longitudinal inhibiting capture is                      
          constrained.                                                                
               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Hagen                   5,027,239                  Jun. 25, 1991            
               Claims 1, 2, 8, 9, 12, 13, and 16-19 stand rejected under 35           
          U.S.C. § 102(b) as being anticipated by Hagen.                              
               Claims 14 and 15 stand rejected under 35 U.S.C. § 103(a) as            
          unpatentable over Hagen.                                                    
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellants regarding the above-noted rejections,           
          we make reference to the examiner's answer (Paper No. 14, mailed            
          May 4, 2001) for the examiner's complete reasoning in support of            
          the rejections, and to appellants' brief (Paper No. 13, filed               
          February 13, 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).                                                               











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