Ex Parte Reynolds - Page 3




               Appeal No.  2005-2174                                                                                                                       
               Application No. 10/060,614                                                                                                                  
               The 37 CFR § 1.132 Declaration of Paul Roumpos filed January 29, 2002                                                                       


               The 37 CFR § 1.132 Declaration of Dennis R. Gibson filed January 29, 2002                                                                   
               The 37 CFR § 1.132 Declaration of Stephen A. Morin filed January 29, 2002                                                                   
               The 37 CFR § 1.132 Declaration of Bruce H. Porter filed January 29, 2002                                                                    
                                                      THE REJECTION                                                                                        


                      Claims 61-71 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                                                           
               over Boggess in view of Sernovitz.                                                                                                          
                      Attention is directed to the main, reply and supplemental reply briefs (filed June                                                   
               10, 2003, August 19, 2003 and May 5, 2004) and the main and supplemental answers                                                            
               (mailed August 8, 2003 and April 20, 2004) for the respective positions of the appellant                                                    
               and examiner regarding the merits of this rejection.1                                                                                       
                                                        DISCUSSION                                                                                         


               I. Preliminary matter                                                                                                                       
                                                                                                                                                          
               1 Contrary to statements made on page 7 in the main brief, the final rejection did not present any 35 U.S.C.                                
               § 112, second paragraph, or obviousness-type double patenting issues.  The examiner entered rejections                                      
               on these grounds in an earlier Office action (mailed June 7, 2002) but did not restate them in the final                                    






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