Appeal No. 2005-2418
Application 09/932,639
Claims 25 and 30 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Endo. This reference is used
alone to reject claims 39, 40, 44, 45, 47 through 49, and 52
through 58 under 35 U.S.C. § 103. Claims 19 and 20 stand
rejected under 35 U.S.C. § 103 as well. As to claim 19, the
examiner relies upon Pitt in view of Davis, substituting Tymes
for Davis in the rejection of independent claim 20.
Rather than repeat the positions of the appellant and
the examiner, reference is made to the Brief (no Reply Brief has
been filed) for appellant’s positions, and to the Answer for the
examiner’s positions.
OPINION
We turn first to the rejections utilizing Endo. As to
the examiner’s anticipatory rejection of claims 25 and 30 based
on this reference, we sustain the rejection of independent
claim 25 but reverse the rejection of independent claim 30.
In affirming the rejection of independent claim 25, we
agree with the examiner’s statement of the rejection of this
claim at pages 3 and 4 of the Answer in addition to the
responsive arguments at pages 9 through 13. Correspondingly,
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