Ex Parte Goldstein - Page 4



           Appeal No. 2005-0823                                                                        
           Application No. 10/300,895                                              Page 4              


            Declarations and Exhibits presented, for appellant's arguments                             
            thereagainst.  Only those arguments actually made by appellant                             
            have been considered in this decision.  Arguments which appellant                          
            could have made but chose not to make in the brief have not been                           
            considered.  See 37 CFR § 41.37(c)(1)(vii).                                                

                                               OPINION                                                 
                  In reaching our decision in this appeal, we have carefully                           
            considered the subject matter on appeal, the rejections advanced                           
            by the examiner, and the evidence of indefiniteness and                                    
            obviousness relied upon by the examiner as support for the                                 
            rejections.  We have, likewise, reviewed and taken into                                    
            consideration, in reaching our decision, appellant's arguments,                            
            Declarations and Exhibits, 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.                                            
                  Upon consideration of the record before us, we affirm-in-                            
            part.  We note at the outset that appellant (brief, page 7) has                            
            divided the claims into nine groups.  As appellant’s arguments                             
            are consistent with these groupings, we will address the nine                              
            groupings as denoted by appellant.  We begin with the rejection                            






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