Ex Parte Schultz et al - Page 8




            Appeal No. 2005-2038                                                                       
            Application No. 09/957,416                                                                 

            multiple hazards would be represented in three-dimensions as well.        As               
            the examiner points out at pages 6 and 7 of the answer, there are                          
            significant teachings of cost function minimization based upon time,                       
            contrary to the views expressed at page 8 of the brief as to the features  in              
            dependent claim 16.  No separate arguments are presented as to the                         
            subject matter of independent claim 26 rejected under 35 U.S.C. § 103.                     
                  In view of the foregoing, the decision of examiner rejecting claim   26              
            under 35 U.S.C. § 102 and claims 1 through 26 under 35 U.S.C. § 103 is                     
            sustained.  Therefore, the decision of the examiner is affirmed.                           

















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