Appeal No. 2004-1523
Application 09/506,920
Claims 12 through 15, 18 through 20, 25 and 26 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable Smithe.1
Rather than attempt to reiterate the examiner's full
commentary with regard to the above-noted rejections and the
conflicting viewpoints advanced by the examiner and appellant
regarding those rejections, we make reference to the examiner's
answer (Paper No. 18, mailed October 3, 2003) for the reasoning
in support of the rejections, and to appellant’s brief (Paper No.
17, filed July 23, 2003) 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 determinations which follow.
1 Although the examiner has included claims 22 and 28 through 33
in the rejections set forth on pages 3 through 12 of the answer,
as we have noted above these claims have previously been
canceled.
3
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