Appeal No. 2006-3323
Application No. 10/287,151
Rather than reiterate the arguments of Appellant and the
Examiner, the opinion refers to respective details in the Briefs1
and the Examiner’s Answer.2 Only those arguments actually made by
Appellant have been considered in this decision. Arguments that
Appellant 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
rejections, the arguments in support of the rejections 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 Appellant’s arguments set
forth in the Briefs along with the Examiner’s rationale in
support of the rejections and arguments in the rebuttal set forth
in the Examiner’s Answer.
1 Appellant filed an Appeal Brief on January 4, 2005. Appellant filed a Reply
Brief on July 8, 2006.
2 In response to the Examiner’s Answer mailed May 12, 2006, a Reply Brief was
filed July 8, 2006, which was acknowledge and entered by the Examiner in the
communication dated August 23, 2006.
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