Ex Parte KENYON et al - Page 3



          Appeal No. 2005-0490                                                        
          Application 09/399,065                                                      




          The examiner relies on the following reference:                             
          Li et al. (Li)                6,345,279          Feb. 05, 2002              
          (filed Apr. 23, 1999)                                                       
          Claims 1-10, 12-21 and 23-38 stand rejected under 35                        
          U.S.C. § 102(e) as being anticipated by the disclosure of Li.               
          Claims 11 and 22 stand rejected under 35 U.S.C. § 103(a) as being           
          unpatentable over the teachings of Li.                                      
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of anticipation and obviousness relied upon by the examiner as              
          support for the rejections.  We have, likewise, reviewed and                
          taken into consideration, in reaching our decision, the                     
          appellants’ arguments set forth in the briefs along with the                
          examiner’s rationale in support of the rejections and arguments             
          in rebuttal set forth in the examiner’s answer.                             
          It is our view, after consideration of the record before                    

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