Ex Parte Bjekovic et al - Page 3



                 Appeal No. 2006-1484                                                                                                              
                 Application No. 09/828,480                                                                                                        

                                                                 PRIOR ART                                                                         
                         The prior art references relied upon by the examiner in                                                                   
                 support of the § 103 rejection before us are:                                                                                     
                 Stricker et al. (Stricker)                          5,670,235                         Sep. 23, 1997                               
                 Dinter et al. (Dinter)                              EP 0418772 A3                     Mar. 27, 1991          2                    
                 (Published European Patent)                                                                                                       
                                                                                                                                                  
                                                                REJECTION                                                                          
                         Claims 1, 3 through 25, and 27 through 29 stand rejected                                                                  
                 under 35 U.S.C. § 103 as unpatentable over the combined                                                                           
                 disclosures of Dinter and Stricker.                         3                                                                     
                                                                   OPINION                                                                         
                         We have carefully reviewed the claims, specification and                                                                  
                 prior art, including all of the arguments advanced by both the                                                                    

                         2The examiner relies on the English translation of DE                                                                     
                 3931452 provided by the appellants as the Dinter disclosure in                                                                    
                 rejecting the claims on appeal.  See the Answer, page 3.  The                                                                     
                 examiner states, and the appellants do not disagree, that Dinter                                                                  
                 is equivalent to DE 3931452.  Compare the Answer, page 3, with                                                                    
                 the Brief and the Reply Brief in their entirety.                                                                                  
                         3As is apparent from page 2 of the final Office action                                                                    
                 dated November 2, 2003, page 2 of the Answer dated September 21,                                                                  
                 2004, page 2 of the Supplemental Answer dated June 20, 2005, and                                                                  
                 page 5 of the appellants’ Brief dated July 7, 2004, the examiner                                                                  
                 has inadvertently omitted claim 25 from the statement of                                                                          
                 rejection set forth at page 3 of the Answer.  Consistent with the                                                                 
                 appellants’ Brief and the examiner’s final Office action, we have                                                                 
                 included claim 25 in the statement of rejection set forth in the                                                                  
                 Answer.                                                                                                                           
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