Appeal No. 2004-2271
Application No. 09/731,650
Throughout our opinion, we make references to the
Appellants’ briefs, and to the Examiner’s Answer for the
respective details thereof.2
OPINION
With full consideration being given to the subject matter on
appeal, the Examiner’s rejections and the arguments of the
Appellants and the Examiner, for the reasons stated infra, we
affirm the Examiner’s rejection of claims 1, 3-6, 8-11, and 13-15
under 35 U.S.C. § 102; and we reverse the Examiner’s rejection of
claims 2, 7, and 12 under 35 U.S.C. § 102.
Only those arguments actually made by Appellants have been
considered in this decision. Arguments that Appellants could
have made but chose not to make in the brief have not been
considered and are deemed to be waived by Appellants [see
37 CFR § 41.37(c)(1)(vii) effective September 13, 2004 replacing
37 CFR § 1.192(a)].
Appellants have indicated that for purposes of this appeal
the claims stand or fall together in five groupings:
Claims 1, 6, and 11 as Group I;
Claims 2, 7, and 12 as Group II;
2
2Appellants filed an appeal brief on March 8, 2004. Appellants
filed a reply brief on July 16, 2004. The Examiner mailed an
Examiner’s Answer on May 19, 2004.
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007