Ex Parte 6357595 et al - Page 9



                Appeal 2006-3236                                                                                
                Inter Partes Reexamination Control No. 95/000,006                                               

                                                DISCUSSION                                                      
                The basis for the anticipation rejection of claim 1                                             
                       Requester proposed three rejections of independent claim 1:                              
                (1) claim 1 is anticipated under 35 U.S.C. § 102(b) by Figure 7 of                              
                Brahmbhatt; (2) claim 1 is anticipated under § 102(b) by prior art Figure 17                    
                of Brahmbhatt; and (3) claim 1 is unpatentable for obviousness under                            
                § 103(a) over Brahmbhatt.  See Comments of the 3rd Party Requestor on the                       
                First Office Action and Amendment.  The Examiner did not adopt proposed                         
                rejections (2) and (3).  See Action Closing Prosecution 7 and 17-18.                            
                Requester argued that the two proposed rejections were proper.  See                             
                Comments of the 3rd Party Requestor on the Action Closing Prosecution                           
                and Applicant's Response.  The Examiner again did not adopt the proposed                        
                rejections.  See Right of Appeal Notice 8 and 18-20.                                            
                       Requester did not file a notice of appeal under 37 C.F.R. § 1.959(a)(2)                  
                from the Examiner's final determination not to make the proposed rejections,                    
                and did not file a notice of cross appeal under § 1.959(b)(2) from the                          
                Examiner's final determination not to make the proposed rejections in                           
                response to Appellant's Brief on Appeal.  Instead, Requester filed                              
                Respondent's Brief on Appeal, and is a "Respondent" rather than a "Cross                        
                Appellant" under 37 C.F.R. § 1.962.  Accordingly, only the anticipation                         
                rejection of claim 1 based on Figure 7 of Brahmbhatt is on appeal.                              



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