Ex Parte Wenning et al - Page 3




          Appeal No. 2004-1333                                                         
          Application 09/969,190                                                       


          Claims 2 through 9 stand rejected under 35 U.S.C. § 103(a)                   
          as being unpatentable over Wynne in view of Luetkens.                        


          Claims 10 and 13 stand rejected under 35 U.S.C. § 103(a) as                  
          being unpatentable over Wynne alone.                                         


          Claims 14 through 19 stand rejected under 35 U.S.C. § 103(a)                 
          as being unpatentable over Wynne in view of Buckley.                         


          Rather than attempt to reiterate the examiner's full                         
          commentary with respect to the above-noted rejections and the                
          conflicting viewpoints advanced by the examiner and appellants               
          regarding the rejections, we make reference to the examiner's                
          answer (Paper No. 16, mailed November 25, 2003) for the reasoning            
          in support of the rejections, and to appellants’ brief (Paper No.            
          15, filed October 23, 2003) for the arguments thereagainst.                  


               OPINION                                                                 


          Preliminary to discussing the rejections on appeal, we note                  
          that on page 7 of the brief appellants have indicated that claims            
          1, 20 and 21 are independent and do not stand or fall together.              
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