Ex Parte Khalil et al - Page 3



          Appeal No. 2005-1147                                            3           
          Application No. 09/834,440                                                  

               Rather than repeat the arguments of appellants or the                  
          examiner, we make reference to the brief and the answer for the             
          respective details thereof.                                                 
                                       OPINION                                        
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of anticipation and obviousness relied upon by the examiner as              
          support for the rejections.  We have, likewise, reviewed and                
          taken into consideration, in reaching our decision, the                     
          appellants’ arguments set forth in the brief along with the                 
          examiner’s rationale in support of the rejections and arguments             
          in rebuttal set forth in the examiner’s answer.                             
               It is our view, after consideration of the record before us,           
          that the evidence relied upon supports each of the examiner’s               
          rejections.  Accordingly, we affirm.                                        
               We consider first the rejection of claims 1-4, 6, 7, 9-12,             
          14 and 16-18 as being anticipated by the disclosure of Mills.               
          Anticipation is established only when a single prior art                    
          reference discloses, expressly or under the principles of                   
          inherency, each and every element of a claimed invention as well            
          as disclosing structure which is capable of performing the                  
          recited functional limitations.  RCA Corp. v. Applied Digital               





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