Ex Parte Flick - Page 3




          Appeal No. 2002-1784                                                        
          Application No. 09/583,333                                 Page 3           


               Claims 1-3, 7, 13, 19, 25-27, 29, 35-37, and 41 stand                  
          rejected under 35 U.S.C. § 102(e) as being anticipated by Dery.             
               Claims 4-6, 8, 14-18, 20, 28, 30, 38-40 and 42 stand                   
          rejected under 35 U.S.C. § 103(a) as being unpatentable over Dery           
          in view of Drew.                                                            
               Claims 9-12, 21-24, 31-34, and 43 stand rejected under 35              
          U.S.C. § 103(a) as being unpatentable over Dery in view of Drew,            
          and further in view of Di Croce.                                            
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellant regarding the above-noted rejections,            
          we make reference to the examiner's answer (Paper No. 11, mailed            
          March 15, 2002) and the final rejection (Paper No. 7, mailed July           
          3, 2001) for the examiner's complete reasoning in support of the            
          rejections, and to appellant's brief (Paper No. 10, filed January           
          14, 2002) for appellant's arguments thereagainst.  Only those               
          arguments actually made by appellant have been considered in this           
          decision.  Arguments which appellant 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            







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007