Ex Parte Nelson - Page 2




          Appeal No. 2004-1197                                                               
          Application No. 10/041,430                                                         


                As evidence of obviousness, the examiner has applied the                     
          documents listed below:                                                            
          Agelatos et al              4,944,045                  Jul. 31, 1990               
          (Agelatos)                                                                         
          Saitoh                      5,316,516                  May  31, 1994               

                The following rejection is before us for review.                             


                Claims 1 through 17 stand rejected under 35 U.S.C. § 103(a)                  
          as being unpatentable over Saitoh in view of Agelatos.                             


                The full text of the examiner's rejection and response to                    
          the argument presented by appellant appears in the answer (Paper                   
          No. 7), while the complete statement of appellant's argument can                   
          be found in the brief (Paper No. 6).                                               


                Appellant indicates that independent claims 1, 10, and 17                    
          should be considered separately and should not stand or fall                       
          together (brief, item VII).  Accordingly, our focus shall be on                    
          these three claims, and the dependent claims shall stand or fall                   
          with their respective independent claim.                                           





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