Appeal No. 2004-0518
Application No. 09/514,227
Claims 1, 4 through 6, 10, 12, 13, 18, 21 through 23, 27, 30 through 56 stand
rejected under 35 U.S.C. § 102 as being anticipated by Win. Throughout the opinion we
make reference to the briefs1 and the answer for the respective details thereof.
Opinion
We have carefully considered the subject matter on appeal, the rejection
advanced by the examiner and the evidence of anticipation relied upon by the examiner
as support for the rejection. We have, likewise, reviewed and taken into consideration,
in reaching our decision, the 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.
With full consideration being given to the subject matter on appeal, the
examiner’s rejection and the arguments of appellant and examiner, for the reasons
stated infra we will not sustain the examiner’s rejection of claims 1, 4 through 6, 10, 12,
13, 18, 21 through 23, 27, 30 through 56 under 35 U.S.C. § 102.
The examiner sets forth the rejection on pages 3 through 7 of the final rejection
dated November 8, 2002. On pages 7 and 8 of the answer the examiner states:
1 Appellant filed an Appeal Brief on July 11, 2003 (certified as being mailed on July 8,
2003, in accordance with 37 C.F.R. § 1.8(a)) and appellant filed a Reply Brief on
October 3, 2003 (certified as being mailed on September 29, 2003, in accordance with
37 C.F.R. § 1.8(a)).
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