Ex Parte Sullivan - Page 3




             Appeal No. 2005-0806                                                          Page 3              
             Application No. 10/179,812                                                                        



                   Claims 1 to 13 stand rejected under 35 U.S.C. § 103 as being unpatentable over              
             Nesbitt in view of Horiuchi and Sullivan6.                                                        


                   Rather than reiterate the conflicting viewpoints advanced by the examiner and               
             the appellant regarding the above-noted rejections, we make reference to the answer               
             (mailed August 10, 2004) for the examiner's complete reasoning in support of the                  
             rejections, and to the brief (filed July 16, 2004) for the appellant's arguments                  
             thereagainst.                                                                                     


                                                  OPINION                                                      
                   In reaching our decision in this appeal, we have given careful consideration to             
             the appellant's specification and claims, to the applied references, and to the respective        
             positions articulated by the appellant and the examiner.  As a consequence of our                 
             review, we make the determinations which follow.                                                  



                   6 U.S. Patent No. 4,884,814 which issued December 5, 1989 to Sullivan.                      













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