Ex Parte Bui et al - Page 3




              Appeal No. 2004-1114                                                                  Page 3                
              Application No. 10/079,706                                                                                  


                     Claims 1 to 4 and 6 stand rejected under 35 U.S.C. § 102(b) as being anticipated                     
              by Hart.                                                                                                    


                     Claim 5 stand rejected under 35 U.S.C. § 103 as being unpatentable over Hart.                        


                     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. 7, mailed December 27, 2002) and the answer (Paper No. 12,                             
              mailed September 24, 2003) for the examiner's complete reasoning in support of the                          
              rejections, and to the brief (Paper No. 11, filed August 26, 2003) 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 patent to Hart, and to                   
              the respective positions articulated by the appellants and the examiner.  As a                              
              consequence of our review, we make the determinations which follow.                                         













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