Ex Parte METTERNICH et al - Page 4




              Appeal No. 2003-0494                                                                                       
              Application No. 09/176,012                                                                                 


                     Claims 3 through 5, 8, 13, 22 and 28 stand rejected under 35 U.S.C. § 103 as                        
              being unpatentable over Honda in view of Sormunen and well known prior art.                                
                     Claims 17 through 19 stand rejected under 35 U.S.C. § 103 as being                                  
              unpatentable over Honda in view of well known prior art.                                                   
                                                        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 appellants’ arguments set forth in the brief2                 
              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 appellants and examiner, for the reasons                        
              stated infra we reverse the examiner’s rejection of claims 1 through 14 and 23 through                     
              29 under 35 U.S.C. § 103.  We affirm the examiner’s rejection of claims 15, 16 and 20                      
              under 35 U.S.C. § 102 and the examiner’s rejection of claims 17 through 19, 21 and 22                      
              under 35 U.S.C. § 103.                                                                                     
                                               Grouping of the Claims                                                    
                     At the outset we, we note that appellants state on page 10 the brief that                           

              2This decision is based upon the Appeal Brief received May 24, 2002.                                       
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