Ex Parte BAKHMUTSKY - Page 3




                 Appeal No. 2003-0435                                                                                   
                 Application No. 09/263,921                                                                             

                                                     References                                                         
                        Wang et al.                 Re. 35,093            Nov.  21, 1995                                
                        Greenfield et al.           6,020,934             Feb.  01, 2000                                
                        Hsu et al.                 6,134,340             Oct.  17, 2000                                
                                                 Rejections at Issue                                                    
                        Claims 1-2, 4-6, 8-10 and 12 stand rejected under 35 U.S.C. § 103 as                            
                 being unpatentable over Greenfield et al. in view of applicant’s admitted prior art                    
                 and Wang et al.  Claims 3, 7 and 11 stand rejected under 35 U.S.C. § 103 as                            
                 being unpatentable over Greenfield et al. in view of applicant’s admitted prior art                    
                 Wang et al. and Hsu et al.                                                                             
                                                       Opinion                                                          
                       We have carefully considered the subject matter on appeal, the rejections                       
                 advanced by the examiner and the evidence of obviousness relied upon by the                            
                 examiner as support for the rejections.  We have, likewise, reviewed and taken                         
                 into consideration, in reaching our decision, the appellant’s arguments set forth                      
                 in the brief along with the examiner’s rationale in support of the rejections and                      
                 arguments in rebuttal set forth in the examiner’s answer.                                              
                       With full consideration being given to the subject matter on appeal, the                        
                 examiner’s rejections and the arguments of appellant and examiner, for the                             
                 reasons stated infra, we reverse the examiner’s rejection of claims 1-12 under 35                      
                 U.S.C. § 103.                                                                                          


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