Appeal No. 2003-0640
Application No. 09/507,261
Rejections At Issue
Claims 1, 2, 4-15, 17 and 18 stand rejected under 35 U.S.C.
§ 102 as being anticipated by Lovett.
Throughout our opinion, we make references to the
Appellants' brief, and to the Examiner's Answer for the
respective details thereof.
OPINION
With full consideration being given to the subject matter on
appeal, Examiner's rejections and the arguments of Appellants and
Examiner, for the reasons stated infra, we reverse the Examiner's
rejection of claims 1, 2, 4-15, 17 and 18 under 35 U.S.C. § 102.
Appellants have indicated that for purposes of this appeal
the claims remaining on appeal stand or fall together. We will,
thereby, consider Appellants' claims 1, 2, 4-15, 17 and 18, as
standing or falling together and we will treat claim 18 as a
representative claim of that group.
I. Whether the Rejection of Claims 1, 2, 4-15, 17 and 18 Under
35 U.S.C. § 102 is proper?
It is our view, after consideration of the record before us,
that the disclosure of Lovett does not fully meet the invention
as recited in claims 1, 2, 4-15, 17 and 18. Accordingly, we
reverse.
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