Appeal No. 2003-1569
Application No. 09/783,466
the artisan that the appellants had possession at that time of
the subject matter recited in the appealed claims.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 112, first paragraph, rejection of claims 1, 2 and 5 through
11.
Finally, it is noted that on page 12 in the main brief the
appellants appear to raise as an issue in this appeal the 35
U.S.C. § 132 objection set forth in the final rejection. To the
extent that this objection is inconsistent with our decision on
the merits of the foregoing rejection of claims 1, 2 and 5
through 11, it should be withdrawn by the examiner.
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