Ex Parte Dwork - Page 3



         Appeal No. 2004-0500                                                       
         Application No. 09/488,783                                                 

              The Examiner relies on the following prior art:                       
         Gray, III et al. (Gray)       5,752,073           May  12, 1998            
         Ramamurthy                    6,189,082           Feb. 13, 2001            
                                                 (filed Jan. 29, 1999)              
              Claims 1, 3-5, 14, and 15, all of the appealed claims, stand          
         finally rejected under 35 U.S.C. § 103(a) as being unpatentable            
         over Gray in view of Ramamurthy.                                           
              Rather than reiterate the arguments of Appellant and the              
         Examiner, reference is made to the Briefs1 and the Answer for the          
         respective details.                                                        
                                    OPINION                                         
             We have carefully considered the subject matter on appeal, the                                                                
         rejection advanced by the Examiner, the arguments in support of the        
         rejection, 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, Appellant’s        
         arguments set forth in the Briefs along with the Examiner’s                
         rationale in support of the rejection and arguments in rebuttal set        
         forth in the Examiner’s Answer.                                            


              1 The Appeal Brief was filed May 19, 2003 (Paper No. 11).  In response
         to the Examiner’s Answer mailed July 28, 2003 (Paper No. 12), a Reply Brief
         was filed September 25, 2003 (Paper No. 13), which was acknowledged and    
         entered by the Examiner as indicated in the communication dated October 10,
         2003 (Paper No. 14).                                                       
                                         3                                          




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