Ex Parte STEPHENSON - Page 3



         Appeal No. 2005-0175                                       Page 3          
         Application No. 09/241,700                                                 

              Claims 9-12 and 14 stand rejected under 35 U.S.C. § 103(a)            
         as being unpatentable over Henley in view of Winningstad.  Claims          
         11 and 14 stand rejected under 35 U.S.C. § 103(a) as being                 
         unpatentable over Henley in view of Winningstad and Shiomi.                
              We refer to the brief and reply brief and to the answer for           
         a complete exposition of the opposing viewpoints expressed by              
         appellant and the examiner concerning the issues before us on              
         this appeal.                                                               
                                      OPINION                                       
              Having carefully considered each of appellant’s arguments             
         set forth in the brief and reply brief, appellant has not                  
         persuaded us of reversible error on the part of the examiner.              
         Accordingly, we will affirm the examiner’s rejections for                  
         substantially the reasons set forth by the examiner in the                 
         answer.  We add the following for emphasis and completeness.               
              Concerning the examiner’s first stated rejection, appellant           
         (brief, page 3) states that “claims 10 and 11 rise or fall with            
         claim 9" and that claim 12 stands separately, with claim 14                
         rising or falling therewith.  See page 3 of the brief.                     
         Consequently, we select claim 9 as representative of a first               
         group of claims including claims 9-11 and claim 12 as                      







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