Ex Parte GARDENSWARTZ et al - Page 3




          Appeal No. 2003-0293                                                        
          Application No. 09/472,197                                 Page 3           

               Claims 89 and 90 stand rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Scroggie in view of Csaszar.                        
               Claim 88 stands rejected under 35 U.S.C. § 103(a) as being             
          unpatentable over Scroggie in view of Jermyn and further in view            
          of Laor.                                                                    
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellants regarding the above-noted rejections,           
          we make reference to the examiner's answer (Paper No. 24, mailed            
          July 1, 2002) for the examiner's complete reasoning in support of           
          the rejections, and to appellants' brief (Paper No. 23, filed May           
          7, 2002) and reply brief (Paper No. 27, filed September 8, 2002)            
          for appellants' arguments thereagainst.  Only those arguments               
          actually made by appellants have been considered in this                    
          decision.  Arguments which appellants could have made but chose             
          not to make in the brief have not been considered.  See 37 CFR              
          1.192(a).                                                                   
                                       OPINION                                        
               In reaching our decision in this appeal, we have carefully             
          considered the subject matter on appeal, the rejections advanced            
          by the examiner, and the evidence of obviousness relied upon by             
          the examiner as support for the rejections.  We have, likewise,             
          reviewed and taken into consideration, in reaching our decision,            








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