Ex Parte Flynn et al - Page 3




          Appeal No. 2006-2321                                                        
          Application No. 10/706,254                                                  

               Claims 1 and 2 stand finally rejected under 35 U.S.C.                  
          § 102(b) as being anticipated by Hussein.  Claims 5-13, 16, and             
          17 stand finally rejected under 35 U.S.C. § 103(a).  As evidence            
          of obviousness, the Examiner offers Hussein in view of Bryant               
          with respect to claims 5, 12, 13, and 16, and Bryant in view of             
          Hussein with respect to claims 6-11 and 17.                                 
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs1 and Answer for their             
          respective details.                                                         
                                       OPINION                                        
          We have carefully considered the subject matter on appeal,                  
          the rejections advanced by the Examiner, and the evidence of                
          anticipation and obviousness relied upon by the Examiner as                 
          support for the rejections.  We have, likewise, reviewed and                
          taken into consideration, in reaching our decision, Appellants’             
          arguments set forth in the Briefs along with the Examiner’s                 
          rationale in support of the rejection and arguments in rebuttal             
          set forth in the Examiner’s Answer.                                         





                                                                                     
               1 The Appeal Brief was filed December 26, 2005.  In response           
          to the Examiner’s Answer mailed March 7, 2006, a Reply Brief was            
          filed March 11, 2006 which was acknowledged and entered by the              
          Examiner as indicated in the communication mailed May 19, 2006.             

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