Appeal No. 2006-0412 Παγε 3
Application No. 09/999,827
Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over DeLuca in view of Brun Del Re.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellant regarding the above-noted
rejections, we make reference to the final rejection1 (February
25, 2004), the answer (mailed October 7, 2004) and the
supplemental answer (mailed August 11, 2005) for the examiner's
complete reasoning in support of the rejections, and to the brief
(filed August 30, 2004) and reply brief (filed October 29, 2004)
for the appellant's arguments thereagainst.
Only those arguments actually made by appellant have been
considered in this decision. Arguments which appellant 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
1 The rejections set forth in the final rejection were incorporated by reference into the examiner’s
answer (answer, page 2).
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