Ex Parte Tucker et al - Page 4

                Appeal 2006-2501                                                                                   
                Application 10/104,468                                                                             

                       Further, the purpose of the foregoing abstract is to enable the                             
                       U.S. Patent and Trademark Office and the public generally, and                              
                       especially the scientists, engineers and practitioners in the art                           
                       who are not familiar with patent or legal terms or phraseology,                             
                       to determine quickly from a cursory inspection the nature and                               
                       essence of the technical disclosure of the application. The                                 
                       abstract is not intended to define the invention of the                                     
                       application, which is measured by the claims, nor is the abstract                           
                       intended to be limiting as to the scope of the invention in any                             
                       way.                                                                                        
                                                       ….                                                          
                       While there have been described and illustrated specific                                    
                       embodiments of the invention, it will be clear that variations in                           
                       the details of the embodiments specifically illustrated                                     
                       and described may be made without departing from the true                                   
                       spirit and scope of the invention as defined in the appended                                
                       claims and their legal equivalents.                                                         

                       As evidence of unpatentability of the claimed subject matter, the                           
                Examiner has relied upon the following references:                                                 
                Ekstrand   US 5,048,032        Sep. 10, 1991                                                       
                Okumura   US 5,558,722        Sep. 24, 1996                                                        
                Usui    US 5,591,268        Jan. 7, 1997                                                           
                Takagi   US 5,681,393        Oct. 28, 1997                                                         
                Bailey   US 6,320,320 B1        Nov. 20, 2001                                                      
                                                                          (filed Nov. 15, 1999)                    
                       The Examiner has rejected the claims on appeal as follows1:                                 

                                                                                                                  
                1 The Examiner states that the § 112, first paragraph rejection of claims 1                        
                through 5, 8 through 10, 12 through 17, and 19 through 21 set forth in the                         
                final Office action dated August 27, 2004 has been withdrawn (Answer 29).                          

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