Ex Parte MERRILL et al - Page 5



          Appeal No. 2004-2118                                       Page 5           
          Application 09/329,502                                                      


               Rather than reiterating the conflicting viewpoints advanced            
          by the examiner and appellants regarding the above-noted                    
          rejections, we make reference to the examiner’s answers and final           
          rejection and to appellants’ briefs for a complete exposition               
          thereof.                                                                    

                                       OPINION                                        
               We have reviewed appellants’ arguments for patentability.              
          However, we find ourselves in agreement with the examiner’s                 
          determination that the applied prior art renders the claimed                
          subject matter unpatentable under the provisions of                         
          35 U.S.C. § 103(a).  Moreover, we generally agree with the                  
          examiner’s rebuttal of appellants’ arguments with respect to the            
          § 103(a) rejections as set forth in the answers.  We offer the              
          following for emphasis and completeness.                                    

                      § 103(a) Rejection of Claims 1-6, 8 and 9                       
               According to appellants (brief, page 4), all of the claims             
          do not stand or fall together.  Regarding this rejection,                   
          separate arguments are presented by appellants only for claims 2            







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