Ex Parte Achterberg et al - Page 3



          Appeal No. 2006-2406                                          Παγε 3                            
          Application No. 10/745,113                                                                      

               Rather than reiterate the conflicting viewpoints advanced by                               
          the examiner and the appellants regarding the above-noted                                       
          rejection, we make reference to the answer (mailed April 3, 2006)                               
          for the examiner's complete reasoning in support of the                                         
          rejections, and to the brief (filed February 22, 2006) and reply                                
          brief (filed May 31, 2006) 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                                    
          examiner's rationale in support of the rejection and arguments in                               
          rebuttal set forth in the examiner's answer.                                                    














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