Ex Parte McQueen - Page 4




                 Appeal No. 2003-1367                                                                                                             
                 Application No. 09/640,237                                                                                                       
                         The references relied on by the examiner are:                                                                            
                 Hendrickson et al. (Hendrickson)                     4,735,914                          Apr. 5, 1998                             
                 Nguyen et al. (Nguyen)                               5,914,518                         Jun. 22, 1999                             
                 Maari                                                5,925,917                          Jul. 20, 1999                            
                 Nakamura et al (Nakamura)                            5,986,299                        Nov. 16, 1999                              
                 Takebuchi                                            6,018,195                         Jan. 25, 2000                             
                 Clampitt                                             6,081,033                         Jun. 27, 2000                             
                         The following grounds of rejection are advanced by the examiner on appeal:                                               
                 claims 1, 2, 5, 7, and 18 stand rejected under 35 U.S.C. § 103(a) based on Nguyen and                                            
                 Nakamura;                                                                                                                        
                 claims 3 and 4 stand rejected under 35 U.S.C. § 103(a) based on Nguyen, Nakamura, and Maari;                                     
                 claim 6 stands rejected under 35 U.S.C. § 103(a) based on Nguyen, Nakamura, and appellant's                                      
                 admitted prior art (Figs. 35-38, page 4, lines 26-29, and page 5, lines 1-5);                                                    
                 claims 8 and 9 are rejected are rejected under 35 U.S.C. § 103(a) based on Nakamura,                                             
                 Takebuchi, and appellant's admitted prior art (Figs. 35-38, page 4, lines 26-29, and page 5, lines                               
                 1-5);                                                                                                                            
                 claims 10 and 11 are rejected are rejected under 35 U.S.C. § 103(a) based on Nakamura,                                           
                 Takebuchi, appellant's admitted prior art (Figs. 35-38, page 4, lines 26-29, and page 5, lines 1-5),                             
                 and Hendrickson;                                                                                                                 
                 claims 14 and 15 are rejected are rejected under 35 U.S.C. § 103(a) based on Nakamura,                                           
                 Takebuchi, appellant's admitted prior art (Figs. 35-38, page 4, lines 26-29, and page 5, lines 1-5),                             
                 and Clampitt; and,                                                                                                               
                 claims 16 and 17 are rejected are rejected under 35 U.S.C. § 103(a) based on Nakamura,                                           
                 Takebuchi, appellant's admitted prior art (Figs. 35-38, page 4, lines 26-29, and page 5, lines 1-5),                             
                 and Maari.                                                                                                                       
                         Appellant groups the appealed claims into four separate groups (a) - (d).  We note that                                  
                 group (d) encompasses claims 14 and 15, which are subject to only a single ground of rejection.                                  
                 Similarly, group (c) encompasses claims 8 and 9 which are subject to only a single ground of                                     
                 rejection.  Groups (a) and (b), however, each encompass a group of claims in which all of the                                    
                 claims are not subject to a single ground of rejection.                                                                          
                                                                      -4-                                                                         







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