Ex Parte Lemmens et al - Page 3



          Appeal No. 2006-1447                                        Παγε 3                          
          Application No. 10/775,881                                                                  

          de Molina (Molina)   5,725,239  Mar. 10, 1998                                               
          Vermolen et al. (Vermolen)  5,924,528  Jul. 20, 1999                                        
               Claims 1-3, 5 and 6 stand rejected under 35 U.S.C. § 102(b)                            
          as being anticipated by Vermolen.                                                           
               Claim 4 stands rejected under 35 U.S.C. § 103(a) as being                              
          unpatentable over Vermolen in view of Molina.                                               
               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 October 13,                             
          2005) for the examiner's complete reasoning in support of the                               
          rejections, and to the brief (filed July 29, 2005) and reply                                
          brief (filed December 12, 2005) for the appellants’ arguments                               
          thereagainst.                                                                               
               Only those arguments actually made by appellants have been                             
          considered in this decision.  Arguments which appellants 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                                                        
               In reaching our decision in this appeal, we have carefully                             
          considered the subject matter on appeal, the rejections advanced                            
          by the examiner, and the evidence of anticipation and obviousness                           














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