Appeal 2007-1451
Application 09/970,146
1
2 NEW GROUND OF REJECTION
3 We enter a new ground of rejection under 35 U.S.C. § 103(a) of claims 1 and
4 3-8 as obvious over Lieber and Maseda.
5
6 ADDITIONAL FINDINGS OF FACT (FF)
7 We make the following additional enumerated findings of fact, which are
8 supported by at least a preponderance of the evidence.
9 14. Maseda shows rheometric material is a strip of material wound around
10 longitudinal device body (Maseda, col. 6, lines 4-7).
11 15. Maseda’s rheometric material can be attached to the body in many
12 configurations, such as in grooves on the body (Maseda, col. 5, ll. 56-
13 67).
14 16. Maseda shows an elongate lead body configured to be coupled with an
15 electrical instrument (Maseda, Fig. 1).
16
17 ANALYSIS
18 Claim 1 has substantially the same subject matter as claim 9, whose subject
19 matter was found to be obvious over the combined teachings of Maseda and
20 Lieber, supra.
21 As to claim 3, Maseda shows rheometric material is a strip of material wound
22 around longitudinal device body (FF 14).
15
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