Ex Parte Melekian - Page 3




               Appeal No. 2005-0993                                                                           Page 3                   
               Application No. 10/056,156                                                                                              



                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                   
               the appellant regarding the above-noted rejections, we make reference to the final                                      
               rejection (mailed April 14, 2003), the answer (mailed October 31, 2003) and the                                         
               supplemental answer (mailed August 12, 2004) for the examiner's complete reasoning                                      
               in support of the rejections, and to the brief (filed September 8, 2003) and the reply                                  
               briefs (filed December 1, 2003 and August 30, 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 prior art 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.                                                                 


               The anticipation rejection based on Blatter                                                                             
                       We sustain the rejection of claims 1 to 3 and 5 to 7 under 35 U.S.C. § 102(b) as                                
               being anticipated by Blatter.                                                                                           


                       A claim is anticipated only if each and every element as set forth in the claim is                              
               found, either expressly or inherently described, in a single prior art reference.                                       







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