Ex Parte Posa - Page 3




          Appeal No. 2004-0146                                                        
          Application 09/851,911                                                      



          Claims 1, 3, 4, 13 and 14 stand rejected under 35 U.S.C.                    
          § 102(b) as anticipated by or, in the alternative, under 35                 
          U.S.C. § 103(a) as being obvious over Ellis.                                


          Claims 11, 12 and 16 stand rejected under 35 U.S.C. § 103(a)                
          as being unpatentable over Ellis.                                           


          Claim 15 stands rejected under 35 U.S.C. § 103(a) as being                  
          unpatentable over Ellis in view of Berger.                                  


          Rather than attempt to reiterate the examiner's full                        
          commentary with regard to the above-noted rejections and the                
          conflicting viewpoints advanced by the examiner and appellant               
          regarding those rejections, we make reference to the examiner's             
          answer (Paper No. 13, mailed April 2, 2003) for the reasoning               
          in support of the rejections, and to appellant’s brief (Paper               
          No. 12, filed March 26, 2003) and reply brief (Paper No. 15,                
          filed June 4, 2003) for the arguments thereagainst.                         






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