Ex Parte Curtis - Page 3




              Appeal No. 2002-1911                                                                  Page 3                
              Application No. 09/598,087                                                                                  


                     Claims 4 to 6 stand rejected under 35 U.S.C. § 103 as being unpatentable over                        
              Verma in view of Asche.                                                                                     


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the final                          
              rejection (Paper No. 8, mailed August 29, 2001) and the answer (Paper No. 17, mailed                        
              April 8, 2002) for the examiner's complete reasoning in support of the rejections, and to                   
              the brief (Paper No. 14, filed February 12, 2002) and reply brief (Paper No. 18, filed                      
              June 14, 2002) for the appellant's arguments thereagainst.                                                  


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


              The anticipation rejection                                                                                  
                     We sustain the rejection of claims 1, 3 and 11 under 35 U.S.C. § 102(e).                             











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