Ex Parte SCHWARTZ - Page 6



         Appeal No. 2006-0681                                                       
         Application No. 09/072,412                                                 

              Independent claim 13 (dependent claims 30 and 35 stand or             
                   fall together with claim 13 as Group III);                       
              Independent claim 32 and dependent claim 31 (depends from             
                   claim 1) (Group IV);                                             
              Dependent claims 36-38 (Group V); and                                 
              Dependent claims 39-41 (Group VI).                                    
         See pages 7-20 of the brief and pages 2-12 of the reply brief.             
         We will, thereby, consider Appellant’s claims as standing or               
         falling together in the six groups noted above, and we will                
         treat:                                                                     
              Claim 1 as a representative claim of Group I;                         
              Claim 5 as a representative claim of Group II;                        
              Claim 13 as a representative claim of Group III;                      
              Claim 31 as a representative claim of Group IV;                       
              Claim 36 as a representative claim of Group V; and                    
              Claim 39 as a representative claim of Group VI.                       

            I. Whether the Rejection of Claims 1-4, 28, and 33 Under                
                 35 U.S.C. § 103 is proper?                                         
              It is our view, after consideration of the record before us,          
         that the evidence relied upon and the level of skill in the                
         particular art would have suggested to one of ordinary skill in            

                                         6                                          



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007