Appeal No. 2003-1770
Application No. 09/526,155
The prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Frey et al. (Frey) 5,388,266 Feb. 07, 1995
Claims 1 through 3 and 12 stand rejected under 35 U.S.C.
§ 102(e) as being anticipated by Frey.
Reference is made to the Examiner's Answer (Paper No. 10,
mailed September 18, 2002) for the examiner's complete reasoning
in support of the rejection, and to appellants' Supplemental
Brief1 (Paper No. 14, filed March 19, 2003) and Reply Brief
(Paper No. 11, filed October 1, 2002) for appellants' arguments
thereagainst.
OPINION
We have carefully considered the claims, the applied prior
art references, and the respective positions articulated by
appellants and the examiner. As a consequence of our review, we
will reverse the anticipation rejection of claims 1 through 3 and
12.
1 We note that the Supplemental Brief is identical to the Brief
submitted on August 15, 2002 (Paper No. 9), except that the Supplemental Brief
includes a copy of all the appealed claims, whereas the Brief submitted August
15, 2002 included a copy of only some of the claims appealed.
3
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