Ex Parte Gebele et al - Page 9


                   Appeal No. 2006-3152                                                                 Page 9                     
                   Application No. 10/168,492                                                                                      

                   The claims not specifically argued stand or fall with the claims from which they                                
                   depend.  Accordingly, we also sustain the rejection of claims 20, 23, 24, 26, and 27, but                       
                   we do not sustain the rejection of claims 31, 32, and 34-41.                                                    
                   We now consider the rejection of claims 28 and 42 based on Umemoto and Muller.                                  
                   Appellants make the same arguments we considered above and additionally argue that                              
                   Muller does not overcome the deficiencies of Umemoto.  Appellants also argue that there                         
                   is no showing of motivation to combine Umemoto and Muller [brief, pages 13-17].                                 
                   We will sustain the examiner’s rejection of claim 28 but not the rejection of claim                             
                   42.  Claim 28 is similar to claim 18 except that claim 28 recites an X-ray cassette.  The                       
                   examiner cites Muller as teaching that such X-ray cassettes were well known in the art.                         
                   We sustain the rejection of claim 28 for essentially the reasons discussed above with                           
                   respect to claim 18.  Appellants have offered no persuasive arguments as to why the                             
                   teachings of Umemoto cannot be applied to an X-ray cassette.  We do not sustain the                             
                   examiner’s rejection of claim 42 because claim 42 depends from claim 30, and Umemoto                            
                   fails to teach the invention of claim 30 for reasons discussed above.                                           
                   In summary, we have sustained the examiner’s rejection of claims 18-20, 23, 24, and                             
                   26-28, but we have not sustained the examiner’s rejection of claims 29-32, and 34-43.                           
                   Therefore, the decision of the rejecting claims 18-20, 23, 24, 26-32, and 34-43 is                              
                   affirmed-in-part.                                                                                               













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