Ex Parte BAER et al - Page 3




          Appeal No. 2002-2205                                                        
          Application 09/220,291                                                      


          The examiner relies on the following references:                            
          Mullins                       5,857,197          Jan. 05, 1999              
          (filed Mar. 20, 1997)                                                       
          Ludwig et al. (Ludwig)        6,006,230          Dec. 21, 1999              
          (filed Jan. 29, 1997)                                                       
          Claims 1-3, 5 and 6 stand rejected under 35 U.S.C.                          
          § 102(e) as being anticipated by the disclosure of Mullins.                 
          Claims 4 and 7 stand rejected under 35 U.S.C. § 103(a).  As                 
          evidence of obviousness the examiner offers Mullins in view of              
          Ludwig.                                                                     
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of anticipation and obviousness relied upon by the examiner as              
          support for the rejections.  We have, likewise, reviewed and                
          taken into consideration, in reaching our decision, the                     
          appellants’ arguments set forth in the briefs along with the                
          examiner’s rationale in support of the rejections and arguments             
          in rebuttal set forth in the examiner’s answer.                             



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