Ex Parte Rinkevich et al - Page 10


                  Appeal 2007-1317                                                                                          
                  Application 09/731,623                                                                                    
                  of obviousness.  Accordingly, we will reverse the Examiner’s rejection of                                 
                  independent claim 1 as being unpatentable over Savill in view of Wu.                                      
                         Because independent claims 9 and 17 recite equivalent limitations, we                              
                  will also reverse the Examiner’s rejection of these claims as being                                       
                  unpatentable over Savill in view of Wu for the same reasons discussed supra                               
                  with respect to claim 1.  Because we have reversed the Examiner’s rejection                               
                  of each independent claim, we will not sustain the Examiner’s rejection of                                
                  any dependent claims under appeal.  Therefore, we also reverse the                                        
                  Examiner’s rejection of dependent claims 2-6, 8, 10-14, 16, 18-22 and 24 as                               
                  being unpatentable over Savill in view of Wu.                                                             
                                                       DECISION                                                             
                         In summary, we will not sustain the Examiner’s rejection of any                                    
                  claims under appeal.  Therefore, the decision of the Examiner rejecting                                   
                  claims 1-6, 8-14, 16-22, and 24 is reversed.                                                              

                                                      REVERSED                                                              





                  pgc                                                                                                       


                  IBM CORP (YA)                                                                                             
                  C/O YEE & ASSOCIATES PC                                                                                   
                  P.O. BOX 802333                                                                                           
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