Appeal No. 2006-2541
Application No. 09/832,438
Claims 1 and 3 through 14 stand rejected under 35 U.S.C.
§ 101 as being directed to non-statutory subject matter. The Examiner’s
rejections are set forth on pages 3 through 5 of the Examiner’s Answer.
Claims 1, 3 through 15, 17 through 29 and 31 through 42 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Smith in view of
Pappalardo. The Examiner’s rejections are set forth on pages 5 through 9 of
the Examiner’s Answer. Throughout the opinion we make reference to the
Briefs and the Answer for the respective details thereof.
OPINION
We have carefully considered the subject matter on appeal, the
rejections advanced by the Examiner and the evidence of obviousness relied
upon by the Examiner as support for the rejections. We have, likewise,
reviewed and taken into consideration, in reaching our decision, Appellants’
arguments set forth in the Briefs along with the Examiner’s rationale in
support of the rejections and arguments in rebuttal set forth in the
Examiner’s Answer.
With full consideration being given to the subject matter on appeal,
the Examiner’s rejections and the arguments of Appellants and the
Examiner, for the reasons stated infra we will not sustain the Examiner’s
rejection of claims 1 and 3 through 14 under 35 U.S.C. § 101 or the
Examiner’s rejection of claims 1, 3 through 15, 17 through 29 and 31
through 42 under 35 U.S.C. § 103(a). However, we enter a new grounds of
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