Appeal No. 2005-0189 Page 3
Application No. 09/683,997
Rather than reiterate the conflicting viewpoints advanced by
the examiner and appellants regarding the above-noted rejections,
we make reference to the examiner's answer (mailed January 30,
2004) for the examiner's complete reasoning in support of the
rejections, and to appellants' brief (filed November 12, 2003)
for appellants' arguments thereagainst. Only those arguments
actually made by appellants have been considered in this
decision. Arguments which appellants could have made but chose
not to make in the brief have not been considered. See 37 CFR
§ 41.37(c)(1)(vii).
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejections advanced
by the examiner, and the evidence of obviousness relied upon by
the examiner as support for the rejections. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellants' 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.
Upon consideration of the record before us, we reverse, for
the reasons set forth by appellants. We begin with claim 1. In
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