Ex Parte WHITED - Page 2




              Appeal No. 2004-0209                                                               Page 2                
              Application No. 09/120,778                                                                               


                                                   BACKGROUND                                                          
                     The appellant’s invention relates to a low friction rotary knife.  An understanding               
              of the invention can be derived from a reading of exemplary claim 25, which appears in                   
              the appendix to the Brief.                                                                               
                     The single prior art reference of record relied upon by the examiner in rejecting                 
              the appealed claims is:                                                                                  
              Bettcher                           3,269,010                          Aug. 30, 1966                      
                     Claims 24, 25 and 27 stand rejected under 35 U.S.C. § 102(b) as being                             
              anticipated by Bettcher.                                                                                 
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellant regarding the above-noted rejection, we make reference to the Answer                       
              (Paper No. 33) for the examiner's complete reasoning in support of the rejection, and to                 
              the Brief (Paper No. 32) and Reply Brief (Paper No. 34) for the appellant’s arguments                    
              thereagainst.                                                                                            
                                                      OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                   
              the appellant’s specification and claims, to the applied prior art references, and to the                
              respective positions articulated by the appellant and the examiner.  As a consequence                    
              of our review, we make the determinations which follow.                                                  









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