Appeal No. 2003-1289 Page 3
Application No. 09/028,796
Claims 23 and 26 stand rejected under 35 U.S.C. § 102(b) as being anticipated
by U.S. Patent No. 1,027,4531 to Wible.
Claims 22 to 24, 26 and 27 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by U.S. Patent No. 504,0092 to Whitney.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the answer
(Paper No. 14, mailed July 18, 2000) for the examiner's complete reasoning in support
of the rejections, and to the brief (Paper No. 13, filed April 28, 2000) and reply brief
(Paper No. 15, filed September 19, 2000) for the appellants' arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants' specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. As a consequence
of our review, we make the determinations which follow.
1 Issued May 28, 1912.
2 Issued August 29, 1893.
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