Ex Parte Gys - Page 3



            Appeal No. 2006-2723                                                                           
            Application No. 09/891,264                                                                     

                  The prior art references of record relied upon by the Examiner in rejecting              
            the appealed claims are                                                                        
            Yates et al.  (Yates)                6,330,586                Dec. 11, 2001                   
            Beck et al.   (Beck)                 6,604,140                Aug.  5, 2003                   
                  Claims 1-11 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                
            over Yates and Beck.                                                                           
                  Rather than reiterate the conflicting viewpoints advanced by the Examiner                
            and Appellant regarding the above-noted rejections, we make reference to the                   
            answer (mailed March 8, 2006) for the Examiner's complete reasoning in support                 
            of the rejections, and to the brief (filed December 14, 2005) and reply brief (filed           
            May 8, 2006) for Appellant’s arguments thereagainst.                                           
                  Only those arguments actually made by Appellant have been considered in                  
            this decision.  Arguments which Appellant could have made but chose not to make                
            in the briefs have not been considered.  See 37 CFR § 41.37(c)(1)(vii).                        
                                                OPINION                                                    
                  In reaching our decision in this appeal, we have carefully considered the                
            subject matter on appeal, the rejections advanced by the Examiner, and the                     
            evidence of obviousness relied upon by the Examiner as support for the rejections.             

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