Appeal No. 2002-2092 Application 09/328,467 Claims 5 and 6 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Yamaguchi in view of Passaniti. Rather than attempt to reiterate the examiner's full commentary with regard to the above-noted rejections and the conflicting viewpoints advanced by the examiner and appellants regarding those rejections, we make reference to the examiner's answer (Paper No. 18, mailed March 12, 2002) for the reasoning in support of the rejections, and to appellants’ brief (Paper No. 17, filed January 4, 2002) and reply brief (Paper No. 20, filed May 31, 2002) for the arguments thereagainst. OPINION In reaching our decision in this appeal, we have given careful consideration to appellants’ specification and claims, to the applied prior art references, and to the respective positions articulated by appellants and the examiner. As a consequence of our review, we have made the determinations which follow. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007