Ex Parte Chen et al - Page 4





           Appeal No. 2006-2754                                                                      
           Application No. 10/108,109                                                                

           C.  Claims 12 through 14 stand rejected under 35 U.S.C. § 103 as                          
           being unpatentable over the combination of Ramanathan and                                 

           Passman.                                                                                  


           D.  Claims 2 through 5 stand rejected under 35 U.S.C. § 103 as                            
           being unpatentable over the combination of Ramanathan, Bak and                            

           Passman.                                                                                  


           E.  Claim 15 stands rejected under 35 U.S.C. § 103 as being                               
           unpatentable over the combination of Ramanathan, Passman and Bak.                         



                 Rather than reiterate the arguments of Appellants and the                           

           Examiner, the opinion refers to respective details in the Briefs1                         

           and the Examiner’s Answer.2  Only those arguments actually made                           

           by Appellants have been considered in this decision.  Arguments                           

           that Appellants could have made but chose not to make in the                              

           Briefs have not been taken into consideration.  See 37 CFR                                

           41.37(c)(1) (vii)(eff. Sept. 13, 2004).                                                   





                                                                                                    
           1 Appellants filed an Appeal Brief on March 17, 2006.  Appellants filed a                 
           Reply Brief on June 05, 2006.                                                             
           2 The Examiner mailed an Examiner’s Answer on May 26, 2006.  The Examiner                 
           mailed an office communication on July 06, 2006, stating that the Reply Brief             
           has been entered and considered.                                                          
                                                 4                                                   






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