Ex Parte Dowding - Page 3



                    Appeal No. 2004-1153                                                                                                                                  
                    Application No. 09/927,140                                                                                                                            

                    Claims 9, 10 and 23 under 35 U.S.C. § 103(a) as being                                                                                                 
                    unpatentable over Browning in view of Harley and Koon; and                                                                                            

                    Claims 11 and 24 under 35 U.S.C. § 103(a) as being                                                                                                    
                    unpatentable over Browning in view of Harley and Robinson.                                                                                            

                    Rather than attempt to reiterate the examiner's commentary                                                                                            
                    with regard to the above-noted § 103 rejections and the                                                                                               
                    conflicting viewpoints advanced by appellant and the examiner                                                                                         
                    regarding those rejections, we make reference to the final                                                                                            
                    rejection (Paper No. 5, mailed June 26, 2002) and the examiner's                                                                                      
                    answer (Paper No. 17, mailed July 29, 2003) for the reasoning in                                                                                      
                    support of the rejections, and to appellant's brief (Paper No.                                                                                        
                    11, filed November 25, 2002) for the arguments thereagainst.                                                                                          

                                                                              OPINION                                                                                     

                    In reaching our decision in this appeal, we have given                                                                                                
                    careful consideration to appellant's specification and claims, to                                                                                     
                    the applied prior art references, and to the respective positions                                                                                     
                    articulated by appellant and the examiner.  As a consequence of                                                                                       
                    our review, we have made the determination that the above-noted                                                                                       
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