Ex Parte O'Brien et al - Page 3



          Appeal No. 2003-1723                                                        
          Application 09/849,705                                                      

          The prior art references of record relied upon by the                       
          examiner in rejecting the claims on appeal are:                             
          Saunders et al. (Saunders)         4,307,775      Dec. 29, 1981             
          Schwecke                           5,054,293      Oct.  8, 1991             

          Claims 1 through 3, 7 and 8 stand rejected under 35 U.S.C.                  
          § 103(a) as being unpatentable over Schwecke in view of Saunders.           

          Rather than attempt to reiterate the examiner's full                        
          commentary with regard to the above-noted § 103 rejection and the           
          conflicting viewpoints advanced by appellants and the examiner              
          regarding the rejection, we make reference to the final rejection           
          (Paper No. 6, mailed October 4, 2002) and the examiner's answer             
          (Paper No. 9, mailed March 24, 2003) for the reasoning in support           
          of the rejection, and to appellants’ brief (Paper No. 8, filed              
          February 11, 2003) for the 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           
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