Ex Parte 6196681 et al - Page 2


                Appeal 2007-0554                                                                                 
                Reexamination Nos. 90/006,118 & 90/006,254                                                       
                Patent 6,196,681 B1                                                                              
                September 28, 2001, and 90/006,254, filed March 26, 2002, for                                    
                reexamination of Canavan, U.S. Patent 6,196,681, which issued March 6,                           
                2001, from Application 09/573,577, filed May 18, 2000.  Claims 1-8, all the                      
                claims of the patent, stand finally rejected under 35 U.S.C. § 103(a) in view                    
                of various combinations of the prior art indicated below:                                        
                Fecteau  US 5,825,455  Oct. 20, 1998                                                             
                             (applied against Claims 1-8);                                                       
                       Bolle   US 5,841,505  Nov. 24, 1998                                                       
                             (applied against Claim 5);                                                          
                       Chiang  US 5,867,841  Feb. 9, 1999                                                        
                             (applied against Claims 2, 4 and 5);                                                
                       Lin   US 5,903,331  May 11, 1999                                                          
                             (applied against Claim 3); and                                                      
                       Conway  WO 99/56942  Nov. 11, 1999                                                        
                             (applied against Claims 1-8).                                                       
                       Appellant has not argued the separate patentability of the subject                        
                matter defined by any one of Claims 6 to 8 from the patentability of Claim 1.                    
                However, Appellant has argued that none of the references applied to                             
                dependent Claims 2-5 describe the further limitations thereof, and no                            
                combination of the prior art applied to Claims 2-5 would have suggested an                       
                invention defined by any one of Claims 2-5.  Accordingly, we shall consider                      
                the patentability of the subject matter defined by each of Claims 2, 3, 4, and                   
                5 separately from the patentability of the subject matter more broadly                           
                defined by Claim 1 under 35 U.S.C. § 103(a).  On the other hand, we deem                         
                Claims 6-8 to stand or fall with Claim 1.                                                        

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