Ex Parte Nesbitt - Page 3




            Appeal No. 2005-2433                                                                                                         
            Application No. 10/259,789                                                                                                   


            Rather than attempt to reiterate the examiner's full commentary with regard to the                                           
            above-noted rejections and the conflicting viewpoints advanced by the examiner and                                           
            appellant regarding those rejections, we make reference to the examiner's answer                                             
            (mailed August 11, 2004) for the reasoning in support of the rejections, and to appellant’s                                  
            brief (filed May 14, 2002) and reply brief (filed October 12, 2004) for the arguments                                        
            thereagainst.                                                                                                                


                                                    OPINION                                                                              
            In reaching our decision in this appeal, we have given careful consideration to                                              
            appellant’s specification and claims, to the applied prior art references, and to the                                        
            respective positions articulated by appellant and the examiner.  As a consequence of our                                     
            review, we have made the determinations which follow.                                                                        















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