Ex Parte Gillespie - Page 3



          Appeal No. 2005-1051                                            3           
          Application No. 09/788,147                                                  

          Parisotto           5,768,806                Jun. 23, 1998                  
          Pavone                   6,009,637           Jan. 04, 2000                  
          Schenkel, Brazilian       9800597-9          Nov. 30, 1999                  
          Patent Document2                                                            
                                   THE REJECTIONS                                     
               Claims 1 through 6, 8, 11, 13 through 15, 17, 22, 23 and 26            
          stand rejected under 35 U.S.C. § 102(b) as being anticipated by             
          Schenkel.                                                                   
               Claims 1, 4 through 6, 11, 12, 15, 17 and 26 stand rejected            
          under 35 U.S.C. § 102(b) as being anticipated by Fuerst.                    
               Claims 1 through 4, 11, 15 and 26 stand rejected under 35              
          U.S.C. § 103(a) as being unpatentable over Preston in view of               
          Fuerst.                                                                     
               Claims 1 and 5 through 9 stand rejected under 35 U.S.C.                
          § 103(a) as being unpatentable over Duclos in view of Fuerst.               
               Claims 1 and 10 stand rejected under 35 U.S.C. § 103(a) as             
          being unpatentable over Parisotto in view of Fuerst.                        


               2 Our understanding of the Brazilian document stems from U.S.          
          Patent No. 6,418,641 to Schenkel which is an English language               
          equivalent.  Consistent with the arguments advanced by both the             
          appellant and the examiner, our discussion of the Brazilian                 
          document will be in terms of the U.S. patent which is itself                
          prior art to the appellant’s invention under 35 U.S.C. § 102(e).            





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