Ex Parte Martin et al - Page 10



          Appeal No. 2004-0478                                                        
          Application No. 09/768,976                                                  

          to claim 24.  We find that Appellants' argument does not overcome           
          the Examiner's prima facie showing of anticipation as discussed             
          above with respect to claims 1 and 24.                                      
            Therefore, we will sustain the Examiner's rejection under                 
          35 U.S.C. § 102.                                                            
            V.   Whether the Rejection of Claim 26 Under 35 U.S.C. § 102              
                 is proper?                                                           
               It is our view, after consideration of the record before us,           
          that the disclosure of Arya does fully meet the invention as                
          recited in claim 26.  Accordingly, we affirm.                               
               With respect to dependent claim 26, Appellants argue at page           
          10 of the brief by referring back to their arguments with respect           
          to claim 24.  We find that Appellants' argument does not overcome           
          the Examiner's prima facie showing of anticipation as discussed             
          above with respect to claims 1 and 24.                                      
               Therefore, we will sustain the Examiner's rejection under              
          35 U.S.C. § 102.                                                            
            VI. Whether the Rejection of Claim 27 Under 35 U.S.C. § 102               
                 is proper?                                                           
          It is our view, after consideration of the record before us,                
          that the disclosure of Arya does fully meet the invention as                
          recited in claim 27.  Accordingly, we affirm.                               



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