Ex Parte Bright et al - Page 16



                 Appeal No. 2005-2338                                                                                 
                 Application No. 09/754,001                                                                           

                                                       Other Issues                                                   
                        As noted in footnotes there are several limitations in the claims, which lack                 
                 antecedent basis.  Appellants and the examiner should insure that these                              
                 discrepancies are rectified in the application.                                                      
                        In summary, we sustain the examiner’s rejections of claims 1, 6, 9 through                    
                 11, 15 through 18, and 22 through 24 under 35 U.S.C. § 102, and the examiner’s                       
                 rejection of claims 7, 8, and 21 under 35 U.S.C. § 103.  However, we will not                        
                 sustain the examiner’s rejections of claims 2 through 4, 12 through 13, 19 and 20                    
                 under 35 U.S.C. § 102 and the examiner’s rejection of claims 5 and 14 under 35                       
                 U.S.C. § 103. The decision of the examiner is affirmed-in-part.                                      
                        No time period for taking any subsequent action in connection with this                       
                 appeal may be extended under 37 CFR § 1.136(a)(1)(iv).                                               
                                                   AFFIRMED-IN-PART                                                   



                               JOSEPH F. RUGGIERO                       )                                             
                               Administrative Patent Judge              )                                             
                                                                        )                                             
                                                                        )                                             
                                                                        )   BOARD OF PATENT                           
                               ANITA PELLMAN GROSS                      )     APPEALS AND                             
                               Administrative Patent Judge              )    INTERFERENCES                            
                                                                        )                                             
                                                                        )                                             
                                                                        )                                             
                               ROBERT E. NAPPI                   )                                                    
                               Administrative Patent Judge              )                                             


                 REN/kis                                                                                              
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