Appeal No. 2002-2115
Application No. 09/000,709
The prior art of record relied upon by the examiner in rejecting the appealed
claims is as follows:
Simmons 5,974,451 Oct. 26, 1999
(filed May 30, 1997)
Renshaw 6,065,024 May 16, 2000
(filed Mar. 24, 1997)
Claims 1, 2, 7, 8, 16, and 18-31 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Simmons in view of Renshaw.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
appellants regarding the above-noted rejections, we make reference to the examiner's
answer (Paper No. 27, mailed Jun. 28, 2002) for the examiner's reasoning in support of
the rejections, and to appellants’ brief (Paper No. 26, filed Apr. 15, 2002) and reply brief
(Paper No. 28, filed Jul. 26, 2002) for appellants’ arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by appellants and the examiner. As a consequence of
our review, we make the determinations which follow.
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