Ex Parte Berdan et al - Page 3




          Appeal No. 2003-0106                                                        
          Application 09/502,680                                                      


          specification as being Admitted Prior Art (hereinafter, the APA).           


          Claims 21, 22 and 27 through 29 stand rejected under                        
          35 U.S.C. § 102(b) as being anticipated by Shannon.                         


          Claims 21 through 23 and 25 through 29 stand rejected under                 
          35 U.S.C. § 103(a) as being unpatentable over the APA in view of            
          Shannon.                                                                    


          Claim 24 stands rejected under 35 U.S.C. § 103(a) as being                  
          unpatentable over the APA in view of Shannon as applied to claims           
          28 and 23 above, and further in view of Pistole.                            


          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. 13, mailed June 11, 2002) for the reasoning in            
          support of the rejections, and to appellants’ brief (Paper No.              
          11, filed May 7, 2002) for the arguments thereagainst.                      




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