Ex Parte Martin et al - Page 3

              Appeal 2006-3150                                                                      
              Application 09/773,102                                                                
                    We refer to the Examiner's Answer (mailed March 2, 2006) and to                 
              Appellants' Brief (filed December 12, 2005) and Reply Brief (filed May 2,             
              2006) for the respective arguments.                                                   

                                    SUMMARY OF DECISION                                             
                    As a consequence of our review, we will reverse the obviousness                 
              rejections of claims 1 and 3 through 18.                                              

                                             OPINION                                                
                    The rejections of all of the claims rely upon Aram as a primary                 
              reference.  Aram has a filing date of March 5, 2001.  The current application         
              was filed January 31, 2001, a little over one month prior to the filing date of       
              Aram.  Thus, Aram does not qualify as prior art against the instant claims.           
              Accordingly, we cannot sustain the obviousness rejection of claims 1, 3, 5            
              through 9, 11 through 15, 17, and 18 over Aram in view of Goss nor of                 
              claims 4, 10, and 16 over Aram in view of Goss and Peterson.                          















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