Appeal No. 2004-1425
Application 10/113,506
failure to include these claims in the rejection under 35 U.S.C.
§ 103 was simply an oversight by the examiner. Appellant’s brief
includes claims 40 and 50 as part of the appeal. We also note
that the examiner has withdrawn the rejection of the claims under
the first paragraph of 35 U.S.C. § 112 [answer, page 2].
Rather than repeat the arguments of appellant or the
examiner, we make reference to the brief and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejections advanced by the examiner and the evidence
of anticipation and obviousness relied upon by the examiner as
support for the rejections. We have, likewise, reviewed and
taken into consideration, in reaching our decision, the
appellant’s arguments set forth in the brief along with the
examiner’s rationale in support of the rejections and arguments
in rebuttal set forth in the examiner’s answer.
It is our view, after consideration of the record before
us, that the evidence relied upon supports each of the examiner’s
rejections. Accordingly, we affirm.
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