Appeal No. 2006-1728 Παγε 3
Application No. 10/337,417
Claims 1-13 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Schutt in view of Faithful, Michaels
(‘854) and Michaels (‘002).
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellants regarding the above-noted
rejections, we make reference to the answer (supplemental answer
mailed December 20, 2005) for the examiner's complete reasoning
in support of the rejection, and to the brief (filed October 21,
2005) and reply brief (also filed October 21, 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 rejection advanced
by the examiner, and the evidence of obviousness relied upon by
the examiner as support for the rejection. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellants' arguments set forth in the briefs along with the
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