Appeal No. 2006-0104 4
Application No. 10/055,440
Rather than reiterate the examiner's full statement of the above-noted rejections and
the conflicting viewpoints advanced by the examiner and appellants regarding those
rejections, we make reference to the answer (mailed May 6, 2005) for the examiner's
reasoning in support of the rejections, and to appellants’ brief (filed February 2, 2005)
and reply brief (filed July 5, 2005) for the arguments thereagainst.
OPINION
it is noted that the rejection of claim 2 under this ground of
rejection in the final rejection mailed August 5, 2004 was in
error and that the proper rejection should have been of claims 3
and 4. Thus, like appellant, for purposes of this appeal, we
treat the rejection as being of claims 3 and 4.
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