Appeal No. 2006-1049
Application No. 09/667,826
54. Claims 5, 6, 25-28, 48, and 50 were rejected under 35 U.S.C. § 112,
second paragraph as being indefinite.
55. Claims 1, 7, 10-11, 21, 23, 42-44, 46, 49-50, and 53-57 were rejected
under 35 U.S.C. § 102 as being unpatentable over the following prior art:
(1) Lung, U.S. Patent 5,489,776.
56. Claims 9, 12-13, 22, 25, 29-32, 38-41, 47-48, and 51-52 were rejected
under 35 U.S.C. § 103 as being unpatentable over Lung.
57. Claims 1, 5-6, 12, 21-22, 53, and 56 were rejected under
35 U.S.C. § 102 as being unpatentable over the following prior art:
(1) Masarik et al (Masarik), U.S. Patent 5,528,035.
58. Claims 9-10, 13, 25, 29-31, 41, 54-55, and 57 were rejected under
35 U.S.C. § 103 as being unpatentable over Masarik.
59. Lung and Masarik are prior art vis-à-vis applicant under
35 U.S.C. § 102(e).
60. The Examiner found that Lung and Masarik “anticipated” one or more
of claims 1, 5-7, 10-12, 21-23, 42-44, 46, 49-50, and 53-57.
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