Appeal No. 2004-0716 Page 3
Application No. 09544,275
Rather than reiterate the conflicting viewpoints advanced by
the examiner and appellants regarding the above-noted rejections,
we make reference to the examiner's answer (Paper No. 7, mailed
August 25, 2003) for the examiner's complete reasoning in support
of the rejections, and to appellants' brief (Paper No. 6, filed
June 16, 2003) for appellants' arguments thereagainst. Only
those arguments actually made by appellants have been considered
in this decision. Arguments which appellants could have made but
chose not to make in the brief have not been considered. See 37
CFR 1.192(a).
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejections advanced
by the examiner, and the evidence of obviousness relied upon by
the examiner as support for the rejections. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellants' arguments set forth in the brief along with the
examiner's rationale in support of the rejections and arguments
in rebuttal set forth in the examiner's answer. Upon
consideration of the record before us, we reverse, essentially
for the reasons set forth by the appellants.
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