Ex Parte Ferree et al - Page 2




             Appeal No. 2006-0520                                                                Παγε 2                                      
             Application No. 10/303,385                                                                                                      


                                                  THE PRIOR ART                                                                              
                    The prior art references of record relied upon by the examiner in rejecting the                                          
             appealed claims are:                                                                                                            
             Zdeblick et al. (Zdeblick)   6,402,785      June 11, 2002                                                                       
             Weber et al. (Weber)   6,533,818      Mar. 18, 2003                                                                             

                                                 THE REJECTIONS                                                                              
                    Claims 1 to 13 stand rejected under 35 U.S.C. § 112, first paragraph, as failing to                                      
             comply with the written description requirement.                                                                                
                    Claims 14 to 23 stand rejected under 35 U.S.C. § 103 as being unpatentable                                               
             over Weber in view of Zdeblick.1                                                                                                
                    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 August 11, 2005 ) for the examiner's complete reasoning in support of the                                               
             rejections, and to the brief (filed October 21, 2004) for the appellants' arguments                                             
             thereagainst.                                                                                                                   
                                                      OPINION                                                                                
                                                                                                                                             
                    1  The examiner’s rejection of claims 1 to 8 and 11 to 13 under 35 U.S.C. § 103 as being                                 
             unpatentable over Weber has been withdrawn (answer at page 5).                                                                  





















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