Ex Parte Zimmerman et al - Page 20




                  Appeal No. 2005-1180                                                                                                                          
                  Application No. 09/791,298                                                                                                                    


                  over the combination of Peiker, Pickard and Cramer.  See Answer, pp. 9-10.                                                                    
                            Claim 24 is dependent on claim 23, claim 29 is dependent on claim 28, claim 43 is                                                   
                  dependent on claim 42, and claim 48 is dependent on claim 47.  See 37 CFR § 1.75(c) (2003)                                                    
                  (“Claims in dependent form shall be construed to include all the limitations of the claim                                                     
                  incorporated by reference into the dependent claim.”).  Cramer fails to cure the deficiencies                                                 
                  noted above in section "I."  Therefore, the rejection of claims 24, 29, 43 and 48 under 35 U.S.C.                                             
                  § 103(a) as being unpatentable over the combination of Peiker, Pickard and Cramer is reversed.                                                
                            K.       Rejection of claims 25, 30, 44 and 49                                                                                      
                            Claims 25, 30, 44 and 49 are rejected under 35 U.S.C. § 103(a) as being unpatentable                                                
                  over the combination of Peiker, Pickard and Cramer.  See Answer, pp. 9-10.                                                                    
                            Claim 25 is dependent on claim 24, claim 30 is dependent on claim 29, claim 44 is                                                   
                  dependent on claim 43, and claim 49 is dependent on claim 48.  The rejection of claims 24, 29,                                                
                  43 and 48 under 35 U.S.C. § 103(a) as being unpatentable over the combination of Peiker,                                                      
                  Pickard and Cramer has been reversed.  See section “J.,” supra.  Therefore, the rejection of                                                  
                  claims 25, 30, 44 and 49 as being unpatentable over the combination of Peiker, Pickard and                                                    
                  Cramer is also reversed.  See 37 CFR § 1.75(c) (2003) (“Claims in dependent form shall be                                                     
                  construed to include all the limitations of the claim incorporated by reference into the dependent                                            
                  claim.”).                                                                                                                                     
                            L.       Rejection of claims 31-35                                                                                                  
                            Claims 31-35 are rejected under 35 U.S.C. § 103(a) as being unpatentable over the                                                   

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