Ex Parte DAUGHERTY JR. - Page 4




                    Appeal No. 2002-1822                                                                                                                                  
                    Application No. 09/197,164                                                                                                                            


                    Rather than reiterate the examiner's full commentary with                                                                                             
                    regard to the above-noted rejections and the conflicting                                                                                              
                    viewpoints advanced by appellant and the examiner regarding those                                                                                     
                    rejections, we make reference to the examiner's answer (Paper No.                                                                                     
                    14, mailed February 8, 2002) for the reasoning in support of the                                                                                      
                    rejections2, and to appellant's brief (Paper No. 13, filed                                                                                            
                    January 15, 2002) and reply brief (Paper No. 15, filed April 15,                                                                                      
                    2002) for the arguments thereagainst.                                                                                                                 


                                                                              OPINION                                                                                     


                    In reaching our decision in this appeal, we have given                                                                                                
                    careful consideration to appellant's specification and claims, to                                                                                     
                    the applied prior art references, and to the respective positions                                                                                     
                    articulated by appellant and the examiner.  As a consequence of                                                                                       
                    our review, we have made the determinations which follow.                                                                                             



                              2 While the examiner's answer (page 11) appears to make note                                                                                
                    of an appeal conference being held, we observe that the conferees                                                                                     
                    have not initialed next to the typed indication of the conferees                                                                                      
                    initials in the examiner's answer as required in MPEP § 1208,                                                                                         
                    which indicates that the typed or printed names of the conferees                                                                                      
                    should appear on the answer below the primary examiner's                                                                                              
                    signature and that the conferees "must place their initials next                                                                                      
                    to their name."                                                                                                                                       
                                                                                    44                                                                                    





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