Ex Parte McMahon et al - Page 2



        Appeal No. 2006-0335                                                          
        Application No. 10/301,308                                                    

        Figures 14-16 of the application drawings, while independent                  
        claim 53 is somewhat broader and thus readable on other                       
        embodiments as well.  Claims 34 and 53 are representative of the              
        subject matter on appeal and a copy of those claims can be found              
        in the Appendix attached to appellants’ brief.                                

        The prior art references relied upon by the examiner in                       
        rejecting the appealed claims are:                                            
        Herz       3,790,992   Feb. 12, 1974                                          
        Smith      5,664,406   Sep.  9, 1997                                          
        Dobreski      5,682,730   Nov.  4, 1997                                       
        Todd et al. (Todd)    6,195,967   Mar.  6, 2001                               
                                                                                     
        Claims 37 through 41, 45, 48 and 51 stand rejected under                      
        35 U.S.C. § 112, first paragraph, as failing to comply with the               
        written description requirement.                                              

        Claims 34 through 37, 40 through 42, 44, 45, 47, 48, 50, 51                   
        and 53 through 59 stand rejected under 35 U.S.C. § 103(a) as                  
        being unpatentable over Todd in view of Herz.                                 




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