Appeal No. 2004-0748 Page 3 Application No. 09/427,226 Claims 13 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable over Hacke. Rather than reiterate the conflicting viewpoints advanced by the examiner and the appellants regarding the above-noted rejections, we make reference to the final rejection (Paper No. 18, mailed May 30, 2002) and the answer (Paper No. 23, mailed January 30, 2003) for the examiner's complete reasoning in support of the rejections, and to the brief (Paper No. 22, filed October 22, 2002) for the appellants' arguments thereagainst. OPINION In reaching our decision in this appeal, we have given careful consideration to the appellants' specification and claims, to the applied prior art references, and to the respective positions articulated by the appellants and the examiner. As a consequence of our review, we make the determinations which follow. The anticipation rejection based on Buechele We will not sustain the rejection of claims 1, 2, 11 and 12 under 35 U.S.C. § 102(e) as being anticipated by Buechele.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007