Ex Parte Lisenker et al - Page 3




               Appeal No. 2005-2108                                                                          Page 3                  
               Application No. 10/360,982                                                                                            



                       Claims 3, 5 and 6 stand rejected under 35 U.S.C. § 103 as being unpatentable                                  
               over Curnutt in view of Ivers.1                                                                                       


                       Claims 10 to 12 stand rejected under 35 U.S.C. § 103 as being unpatentable                                    
               over Curnutt in view of Ivers and Neff.2                                                                              


                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                 
               the appellants regarding the above-noted rejections, we make reference to the answer                                  
               (mailed February 23, 2005) for the examiner's complete reasoning in support of the                                    
               rejections, and to the brief (filed December 20, 2004) and reply brief (filed April 18,                               
               2005) 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.  Upon evaluation of                              

                       1The inclusion of claims 10 to 12 in this ground of rejection was inadvertent (see                            
               answer, p. 10).                                                                                                       
                       2The omission of Neff in the statement of this rejection was inadvertent (see                                 
               answer, p. 10).                                                                                                       








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