Appeal No. 2002-1475 Page 3
Application No. 09/370,935
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Giovannoli 5,758,328 May 26, 1998
( filed Feb. 22, 1996)
Berent et al. 5,774,873 Jun. 30, 1998
(Berent) (filed Mar. 29, 1996)
Claims 1, 2, 5-8, 10, 12, 13, and 17-30 stand rejected under
35 U.S.C. § 103 as being unpatentable over Giovannoli in view of
Berent.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and appellants regarding the above-noted rejection,
we make reference to the examiner's answer (Paper No. 22, mailed
November 2, 2001) for the examiner's complete reasoning in
support of the rejection, and to appellants' brief (Paper No. 21,
filed August 21, 2001) and reply brief (Paper No. 23, filed
December 26, 2001) for appellants' arguments thereagainst. Only
those arguments actually made by appellants have been considered
in this decision. Arguments which appellants could have made but
chose not to make in the brief have not been considered. See 37
CFR 1.192(a).
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