Ex Parte Swope - Page 3




              Appeal No. 2004-1052                                                                  Page 3                
              Application No. 09/848,132                                                                                  


                     Claims 20, 21, 26 and 27 stand rejected under 35 U.S.C. § 103 as being                               
              unpatentable over Winninger in view of Semin.                                                               


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the answer                         
              (Paper No. 10, mailed October 7, 2003) for the examiner's complete reasoning in                             
              support of the rejections, and to the brief (Paper No. 9, filed July 11, 2003) and reply                    
              brief (Paper No. 11, filed November 12, 2003) for the appellant's arguments                                 
              thereagainst.                                                                                               


                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellant's specification and claims, to the applied prior art references, and to the                   
              respective positions articulated by the appellant and the examiner.  As a consequence                       
              of our review, we make the determinations which follow.                                                     


              The anticipation rejection                                                                                  
                     We will not sustain the rejection of claims 15 to 19 and 22 to 25 under 35 U.S.C.                    
              § 102(b) as being anticipated by Winninger.                                                                 









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