Appeal No. 2002-1832
Application No. 09/318,980 Page 3
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Emerson et al. (Emerson) 5,438,528 Aug. 1, 1995
Bizzarri 5,732,268 Mar. 24, 1998
Claims 1, 2, 5, and 6 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Emerson.
Claims 3, 4, and 7-16 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable over Emerson in view of Bizzarri.
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. 14, mailed
February 8, 2002) for the examiner's complete reasoning in
support of the rejections, and to appellant's brief (Paper No.
13, filed December 10, 2001) and reply brief (Paper No. 16, filed
April 2, 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).
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