Ex Parte VON BROCKDORFF - Page 3




          Appeal No. 2003-2102                                        Page 3           
          Application No. 09/254,723                                                   


               Claims 1-3 stand rejected under 35 U.S.C. § 103(a) as being             
          unpatentable over Vazvan in view of Heinonen.                                
               Rather than reiterate the conflicting viewpoints advanced by            
          the examiner and appellant regarding the above-noted rejection,              
          we make reference to the examiner's answer (Paper No. 17, mailed             
          November 19, 2002) for the examiner's complete reasoning in                  
          support of the rejection, and to appellant's brief2 (Paper No.               
          16, filed June 14, 2002) and reply brief (Paper No. 19, filed                
          Jan. 28, 2003) for appellant's arguments thereagainst.  Only                 
          those arguments actually made by appellant have been considered              
          in this decision.  Arguments which appellant could have made but             
          chose not to make in the briefs have not been considered.  See 37            
          CFR 1.192(a).                                                                
                                       OPINION                                         
               In reaching our decision in this appeal, we have carefully              
          considered the subject matter on appeal, the rejection advanced              
          by the examiner, and the evidence of obviousness relied upon by              
          the examiner as support for the rejection.  We have, likewise,               
          reviewed and taken into consideration, in reaching our decision,             




               2 Supplemental brief.                                                   







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