Ex Parte Kopetzky et al - Page 2




             Appeal No. 2006-0599                                                                                   
             Application 10/076,270                                                                                 

             The prior art references of record relied upon by the examiner in rejecting the appealed               
             claims are:                                                                                            
             Stephens et al. (Stephens) 2,889,163   Jun. 2, 1959                                                    
             Mitzkus et al. (Mitzkus)  5,553,803   Sep. 10, 1996                                                    
             Wier      6,250,720   Jun. 26, 2001                                                                    
             Claims 11 and 14 through 20 stand rejected under 35 U.S.C.                                             
             § 103(a) as being unpatentable over Mitzkus in view of Wier.                                           
             Claims 12 and 13 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                    
             Mitzkus in view of Wier as applied to claim 11 above, and further in view of Stephens.                 
             Rather than reiterate the examiner's commentary regarding the above-noted                              
             obviousness rejections and the conflicting viewpoints advanced by the examiner and                     
             appellants regarding the rejections, we make reference to the examiner's answer (mailed                
             August 26, 2004) for the reasoning in support of the rejections, and to appellants’ brief (filed       
             May 5, 2004) and reply brief (filed October 18, 2004) for the arguments thereagainst.                  





                                                       OPINION                                                      
             In reaching our decision in this appeal, we have given careful consideration to appellants’            
             specification and claims, to the applied prior art references, and to the respective positions         
             articulated by appellants and the examiner. As a consequence of our review, we have made               

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