Appeal No. 2004-0024 Application No. 09/249,922 Page 3 (Graham) Gaus 5,604,406 Feb. 18, 1997 Claim 1 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Gaus in view of Cockram. Claims 2-4 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Gaus in view of Cockram and further in view of Graham. Rather than reiterate the conflicting viewpoints advanced by the examiner and appellants regarding the above-noted rejections, we make reference to the examiner's answer (Paper No. 21, mailed December 3, 2002) for the examiner's complete reasoning in support of the rejections, and to appellants' brief (Paper No. 20, filed September 19, 2002, reply brief (Paper No. 23, filed February 3, 2003) and the Declaration of Mr. Robert J. Wood under 37 CFR §1.132 for appellants' arguments thereagainst. Only those arguments actually made by appellants have been considered in this decision. Arguments which appellants could have made but chose not to make in the brief have not been considered. See 37 CFR 1.192(a). OPINIONPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007