Ex Parte Johnson - Page 3




          Appeal No. 2003-0221                                                        
          Application 09/670,929                                                      


          Claims 12 through 14 and 16 stand rejected under 35 U.S.C.                  
          § 103(a) as being unpatentable over Schuster in view Marquez.1              


          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 appellant               
          regarding those rejections, we make reference to the examiner's             
          answer (Paper No. 13, mailed August 7, 2002) for the reasoning in           
          support of the rejections, and to appellant’s amended brief                 
          (Paper No. 12, filed July 16, 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           




               1 As noted on page 3 of the answer, the examiner has now               
          removed or withdrawn the rejections of claims 12 through 13                 
          relying on Enders in view of Marquez and that of claims 12                  
          through 14 relying on Teasdale in view of Marquez as set forth in           
          the final rejection (Paper No. 4).                                          
                                          3                                           





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