Appeal No. 2005-2176 Page 2
Application No. 10/266,229
may be obtained from a reading of claim 1 which is reproduced, infra, in the opinion
section of this decision.
The Rejection
The following rejection is before us for review.
Claims 1-9 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Reighard1.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the final
rejection (mailed April 15, 2004) and answer (mailed November 15, 2004) for the
examiner's complete reasoning in support of the rejection and to the brief (filed
September 14, 2004) and reply brief (filed January 19, 2005) 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 Reighard patent, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
Claim 1 reads as follows:
1 US Pat. No. 3,815,788, issued June 11, 1974 to Reighard et al.
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