Appeal No. 2006-1787
Application No. 09/746,361
References
The Examiner relies on the following references:
Gilby 6,239,871 May 29, 2001
(filed Aug. 24, 1999)
Rejection At Issue
A. Claims 1 through 21 stand rejected under 35 U.S.C. § 102(e)
as being anticipated by Gilby.
Rather than reiterate the arguments of Appellants and the
Examiner, the opinion refers to respective details in the Appeal
Brief1 and the Examiner’s Answer 2. Only those arguments actually
made by Appellants have been considered in this decision.
Arguments that Appellants could have made but choose not to make
in the Appeal Brief have not been taken into consideration. See
37 CFR 41.37(c)(1) (vii)(eff. Sept. 13, 2004).
1 We cite to Appellants’ revised Appeal Brief filed on August 04, 2005.
The original Appeal Brief filed on December 19, 2003 was defective, and
has therefore not been considered.
2 The Examiner mailed an Examiner’s Answer on October 17, 2005.
3
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