Ex Parte Simske - Page 6

                Appeal 2007-0245                                                                              
                Application 10/238,126                                                                        
                invention as recited in independent claim 12.  Therefore, we cannot sustain                   
                the rejection of independent claim 12 and its dependent claims 13-14.                         
                                               35 U.S.C. § 103(a)                                             
                    With respect to the rejection under 35 U.S.C. § 103(a) of                                 
                independent claim 17 and dependent claim 11, 16, 18 and 19, the Examiner                      
                has not identified how the teachings of King or Gabbe would remedy the                        
                deficiency in Ayer.  Therefore, the Examiner has not set forth a prima facie                  
                case of obviousness, and we will not sustain the rejection of claims 11 and                   
                16-19.                                                                                        


                                              CONCLUSION                                                      
                    To summarize, we have not sustained the rejection of claims 1-6, 10-14,                   
                and 16-19 under 35 U.S.C. §§ 102 and 103(a).                                                  

















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