Ex Parte SHOEMAKER - Page 3




          Appeal No. 2003-2062                                                        
          Application 09/853,568                                                      


               Rather than reiterate the examiner's statement of the above-           
          noted rejections and the conflicting viewpoints advanced by                 
          appellant and the examiner regarding those rejections, we refer             
          to the answer (Paper No. 14, mailed February 25, 2003) for the              
          examiner’s reasoning in support of the rejections and to the                
          brief (Paper No. 13, filed January 24, 2003) for appellant’s                
          views to the contrary.                                                      


          OPINION                                                                     


               Our evaluation of the issues raised in this appeal has                 
          included a careful assessment of appellant’s specification and              
          claims, the applied prior art Mayfield reference, and the                   
          respective positions advanced by appellant and the examiner.  As            
          a consequence of our review, we have made the determinations                
          which follow.                                                               


               Turning first to the examiner's rejection of claims 1, 2 and           
          17 through 19 under 35 U.S.C. § 102(b) based on Mayfield, we will           
          sustain the rejection of claims 1, 2, 17 and 18, but not that of            
          claim 19.  Like the examiner, we are of the view that the                   
          depictions in Figures 4, 5 and 7 of the Mayfield patent and the             
                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007