Ex Parte Gillman et al - Page 3



          Appeal No. 2005-0637                                                        
          Application No. 10/117,958                                                  

               The Examiner relies on the following prior art:                        
          Martin et al. (Martin)        5,660,270           Aug. 26, 1997             
               Claims 15-17 stand finally rejected under 35 U.S.C. § 102(b)           
          as being anticipated by Martin.                                             
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs1 and Answer for the               
          respective details.                                                         
                                       OPINION                                        
               We have carefully considered the subject matter on appeal,                                                                    
          the rejection advanced by the Examiner and the evidence of                  
          anticipation relied upon by the Examiner as support for the                 
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, Appellants’ arguments              
          set forth in the Briefs along with the Examiner’s rationale in              
          support of the rejection and arguments in rebuttal set forth in             
          the Examiner’s Answer.                                                      
              It is our view, after consideration of the record before us,           
          that the Martin reference does not fully meet the invention as              


               1 The Appeal Brief was filed April 15, 2004).  In response to the      
          Examiner’s Answer mailed June 21, 2004, a Reply Brief was filed July 9, 2004,
          which was acknowledged and entered by the Examiner as indicated in the      
          communication mailed August 4, 2004.                                        
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