Ex Parte TONNA et al - Page 3



         Appeal No. 2006-0259                                                                       
         Application No. 09/220,462                                                                 

              Claims 18-20 stand rejected under 35 U.S.C. § 103(a) as                               
         being unpatentable over Yoshinobu in view of Aulanko and further                           
         in view of Tracey.                                                                         
              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 November 19,                           
         2003) for the examiner's complete reasoning in support of the                              
         rejections, and to the brief (filed August 18, 2003) for the                               
         appellants’ arguments thereagainst.                                                        
              Only those arguments actually made by appellants have been                            
         considered in this decision.  Arguments which appellants could                             
         have made but chose not to make in the brief have not been                                 
         considered.  See 37 CFR § 41.37(c)(1)(vii)(eff. Sept. 13, 2004).                           

                                      OPINION                                                       
              In reaching our decision in this appeal, we have carefully                            
         considered the subject matter on appeal, the rejections advanced                           
         by the examiner, and the evidence of obviousness relied upon by                            
         the examiner as support for the rejections.  We have, likewise,                            
         reviewed and taken into consideration, in reaching our decision,                           
         appellants' arguments set forth in the brief along with the                                

                                         3                                                          











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007