Ex Parte Kramer - Page 3



          Appeal No. 2006-1343                                            3                           
          Application No. 10/121,530                                                                  

          Claims 1, 16 and 17 also stand rejected under 35 U.S.C.                                     
          § 103(a) as being unpatentable over Mack in view Landgren and                               
          Müller.                                                                                     

          Rather than reiterate the examiner's full statement of the                                  
          above-noted rejections and the conflicting viewpoints advanced by                           
          appellant and the examiner regarding those rejections, we make                              
          reference to the answers (mailed January 14, 2005 and November 2,                           
          2005) for the examiner's reasoning in support of the rejections,                            
          and to appellant’s brief (filed September 7, 2004), reply brief                             
          (filed March 17, 2005) and corrected brief (filed September 21,                             
          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 references, 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                                  
          rejections on appeal will not be sustained.  Our reasons follow.                            














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