Ex Parte Czech et al - Page 13



            Appeal 2007-1552                                                                                
            Application 09/852,123                                                                          
                                              CONCLUSION                                                    
                   We conclude that Appellants have not shown that the Examiner erred in                    
            rejecting claim 1 as anticipated by Avery, claims 2-5 as unpatentable over Avery                
            and Smith, claim 6 as unpatentable over Avery, Smith, and Li, and claims 7-12 as                
            unpatentable over Avery, Smith, Li, and Wong.                                                   

                                        DECISION AND ORDER                                                  
                   The Examiner’s decision under 35 U.S.C. § 102(b) to reject claim 1 as                    
            anticipated by Avery is affirmed.  The Examiner’s decision under 35 U.S.C.                      
            § 103(a) to reject claims 2-5 as unpatentable over Avery and Smith, claim 6 as                  
            unpatentable over Avery, Smith, and Li, and claims 7-12 as unpatentable over                    
            Avery, Smith, Li, and Wong is affirmed.                                                         

                                               AFFIRMED                                                     




            vsh                                                                                             


            O'SHEA, GETZ & KOSAKOWSKI, P.C.                                                                 
            1500 MAIN ST.                                                                                   
            SUITE 912                                                                                       
            SPRINGFIELD MA 01115                                                                            


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