Ex Parte Belaire - Page 2




          Appeal No. 2003-1358                                                        
          Application No. 09/963,910                                                  


               As evidence of anticipation and obviousness, the examiner              
          has applied the documents listed below:                                     


          Van Nostrand             4,678,294                Jul. 7, 1987              
          do Espirito Santo        5,115,352                May 19, 1992              


               The following rejections are before us for review.                     


               Claims 1 and 2 stand rejected under 35 U.S.C. § 102(b) as              
          being anticipated by Van Nostrand.                                          


               Claim 3 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Van Nostrand in view of do Espirito Santo.                


               The full text of the examiner’s rejections and response to             
          the argument presented by appellant appears in the answer (Paper            
          No. 10), while the complete statement of appellant’s argument can           
          be found in the main and reply briefs (Paper Nos. 9 and 11).                


               Claims 1 and 2 are grouped separately from claim 3 by                  
          appellant (main brief, page 4).  Thus, we select claims 1 and 3             
          for review, with claim 2 standing or falling with claim 1.                  


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