Ex Parte Harbu - Page 3



         Appeal No. 2006-0320                                                                      
         Application No. 10/293,833                                                                

                                                                                                  

         Rather than reiterate the examiner's specific comments                                    
         regarding the above-noted obviousness rejection and the                                   
         conflicting viewpoints advanced by the examiner and appellant                             
         regarding that rejection, we make reference to the examiner's                             
         answer (mailed June 6, 2005) for the reasoning in support of the                          
         rejection, and to appellant’s brief (filed March 2, 2005) and                             
         reply brief (filed June 27, 2005) 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, and to the respective positions                                 
         articulated by appellant and the examiner.  As a consequence of                           
         our review, we have made the determination that the examiner’s                            

                                                                                                  
         rejection.  Thus, that rejection is no longer before us on                                
         appeal.                                                                                   




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