Ex Parte MILLER et al - Page 7





            Appeal No. 2001-1064                                                                       
            Application No. 09/164,069                                                                 



            obviousness.  Accordingly, the 35 U.S.C. § 103(a) rejection of                             
            independent claims 6 and 9, as well as claims 7, 8, and 10-17                              
            dependent thereon, is not sustained.1                                                      
































                  1 The copy of the appealed claims attached as an appendix to Appellants’             
            Brief is incorrect.  Claims 10 and 11 are indicated as dependent on claim 9                
            while these claims as amended in the amendment filed February 14, 2000 (paper              
            No. 7) indicate a dependence on claim 6.  A review of pending claims 6-17                  
            reveals that claims 10 and 11 should properly be dependent on claim 9, not                 
            claim 6.  We leave this matter for Appellants and the Examiner to address                  
            accordingly.                                                                               
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