Ex Parte Voleti et al - Page 3



         Appeal No. 2006-2336                                                       
         Application No. 09/849,916                                                 
                                 Rejection At Issue                                 
              Claims 1 through 11, 13 through 16 and 18 through 20 stand            
         rejected under 35 U.S.C. § 102 as being anticipated by Henrikson.          

              Rather than reiterate the arguments of Appellants and the             
         Examiner, the opinion refers to respective details in the Briefs1          
         and the Examiner’s Answer2.  Only those arguments actually made            
         by Appellants have been considered in this decision.  Arguments            
         that Appellants could have made but chose not to make in the               
         Briefs have not been taken into consideration.  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 Examiner’s                    
         rejection, the arguments in support of the rejection and the               
         evidence of anticipation relied upon by the Examiner as support            
         for the rejection.  We have, likewise, reviewed and taken into             
         consideration Appellants’ arguments set forth in the Briefs along          
                                                                                   
         1 Appellants filed an Appeal Brief on September 28, 2005.  Appellants filed a
         Reply Brief on January 19, 2006.                                           
         2 The Examiner mailed an Examiner’s Answer on November 18, 2005.  The Examiner
         mailed an office communication on February 1, 2006 stating that the Reply  
         Brief has been entered and considered.                                     
                                         3                                          




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