Appeal No. 2003-0552
Application 09/190,318
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Fernandez 5,489,830 Feb. 6, 1996
In addition to the foregoing prior art reference, the
examiner has also relied upon applicant’s admitted prior art
(hereinafter, the APA) set forth on page 1 of the specification
in the “Background of the Invention” section.
Claims 19, 23, 27 and 31 stand rejected under 35 U.S.C.
§103(a) as being unpatentable over the APA in view of Fernandez.
Rather than attempt to reiterate the examiner's commentary
with regard to the above-noted rejection and the conflicting
viewpoints advanced by appellant and the examiner regarding the
rejection, we make reference to the final rejection (Paper No.
19, mailed November 15, 2001) and the examiner's answer (Paper
No. 24, mailed July 16, 2002) for the reasoning in support of the
rejection, and to appellant’s brief (Paper No. 23, filed May 6,
2002) and reply brief (Paper No. 26, filed August 30, 2002) for
the arguments thereagainst.
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