Ex Parte Weatherill et al - Page 2




              Appeal No. 2005-1040                                                                Page 2                
              Application No. 09/777,420                                                                                


                                                The Applied Prior Art                                                   
                     The examiner relied upon the following prior art reference of record in rejecting                  
              the appealed claims:                                                                                      
              Ewald                                     2,286,904                   Jun. 16, 1942                       
              Hall                                      2,403,277                   Jul. 2, 1946                        

                                                   The Rejections                                                       
                     The following rejections are before us for review.                                                 
                     Claims 1-23, 25 and 28 stand rejected under 35 U.S.C. § 103 as being                               
              unpatentable over Hall.                                                                                   
                     Claim 27 stands rejected under 35 U.S.C. § 103 as being unpatentable over Hall                     
              in view of Ewald.                                                                                         
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the above-noted rejection, we make reference to the answer                       
              (mailed July 26, 2004) for the examiner's complete reasoning in support of the rejection                  
              and to the brief (filed March 15, 2004) and reply brief (filed October 1, 2004) for the                   
              appellants’ arguments thereagainst.                                                                       
                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellants’ specification and claims, to the applied prior art references, and to the                 
              respective positions articulated by the appellants and the examiner.  As a consequence                    
              of our review, we make the determinations which follow.                                                   






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