Ex Parte Safian - Page 3



          Appeal No. 2005-0084                                                        
          Application No. 09/835,726                                                  

               The appealed claims stand rejected under 35 U.S.C. § 103(a)            
          as follows:                                                                 
               (a) Claims 1-3 and 8 over Thomas in view of Ellion,                    
               (b) Claims 4, 5 and 10 over Thomas in view of Avery and                
          Kobayashi,                                                                  
               (c) Claims 6 and 9 over Thomas in view of Chambers,                    
               (d) Claim 7 over Thomas in view of Ellion and either                   
          JP ‘069 or JP ‘561.                                                         
               Appellant submits at page 5 of the principal brief that                
          “claims 2-6 and 9-10 are considered to stand or fall with                   
          associated independent claims 1 and 8" (second paragraph).                  
               We have thoroughly reviewed each of appellant’s arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter would have been                
          obvious to one of ordinary skill in the art within the meaning of           
          § 103 in view of the applied prior art.  Accordingly, we will               
          sustain the examiner’s rejections for essentially those reasons             
          set forth in the answer, and we add the following primarily for             
          emphasis.                                                                   




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