Ex Parte Webster et al - Page 8




                  Appeal No. 2003-1336                                                                                        Page 8                      
                  Application No. 09/642,398                                                                                                              


                  sustained.  However, we remain unconvinced that these rejections should not be                                                          
                  sustained.  Our position with respect to these arguments should be apparent from the                                                    
                  foregoing explanations.                                                                                                                 
                                                                  CONCLUSION                                                                              
                           The rejection of claims 18-30 under 35 U.S.C. § 112, second paragraph, is not                                                  
                  sustained.                                                                                                                              
                           The rejection of claims 18-25 and 28-30 under 35 U.S.C. § 102(b) as being                                                      
                  anticipated by Hennessey is sustained.                                                                                                  
                           The rejection of claims 26 and 27 under 35 U.S.C. § 102(b) as being anticipated                                                
                  by Hennessey is not sustained.                                                                                                          
                           The decision of the examiner is affirmed-in-part.                                                                              
                           No time period for taking any subsequent action in connection with this appeal                                                 
                  may be extended under 37 CFR § 1.136(a).                                                                                                
                                                              AFFIRMED-IN-PART                                                                            





                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      







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