Appeal No. 2005-0347 Page 4
Application No. 09/993,335
(Filed Jun. 6, 2000)
Rejections At Issue
Claims 2-3, 6-7, 26-27, and 30-31 stand rejected under 35 U.S.C. § 102
as being anticipated by Kurby.
Claims 2-3, 6, 26-27, and 30 stand rejected under 35 U.S.C. § 102 as
being anticipated by Krasner.1
Throughout our opinion, we make references to the Appellant’s 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 Appellant and the Examiner, for
the reasons stated infra, we reverse the Examiner’s rejection of claims 2-3, 6-7,
26-27, and 30-31 under 35 U.S.C. § 102.
Only those arguments actually made by Appellant have been considered
in this decision. Arguments that Appellant could have made but chose not to
make in the brief have not been considered. We deem such arguments to be
waived by Appellant [see 37 CFR § 41.37(c)(1)(vii) effective September 13, 2004
replacing 37 CFR § 1.192(a)].
1 Examiner’s Answer incorrectly includes claims 7 and 31 in the statement of the
rejection heading on page 5 of the answer.
2 Appellant filed an appeal brief on April 19, 2004. Appellant filed a reply brief on
September 1, 2004. The Examiner mailed an Examiner’s Answer on June 29,
2004.
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