Appeal No. 2005-0371
Application No. 10/210,313
THE REFERENCE
The reference relied on by the examiner to support the final
rejection is:
Monti, Published European 1 164 099 Dec. 19, 2001
Patent Application
THE REJECTION
Claims 1 through 10 stand rejected under 35 U.S.C. § 102(a)1
as being anticipated by the published European application.
Attention is directed to the main and reply briefs (filed
August 3, 2004 and September 29, 2004) and the answer (mailed
September 10, 2004) for the respective positions of the appellant
and the examiner regarding the merits of this rejection.
DISCUSSION
On the record before us, the following facts are not in
dispute:
a) the published European application discloses each and
every element of the subject matter recited in appealed claims 1
through 10;
1 35 U.S.C. § 102(a) provides that a person shall be entitled to a patent unless “(a) the
invention was known or used by others in this country, or patented or described in a printed
publication in this or a foreign country, before the invention thereof by the applicant for patent.”
2
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