Appeal 2007-1670
Application 10/102,565
for patentability of dependent claims 36-38. As such, these claims fall with claim
35. See 37 C.F.R. § 41.37(c)(1)(vii) (2006).
CONCLUSIONS OF LAW
We conclude that the Appellants have shown that the Examiner erred in
rejecting claims 1, 3, 5-11, 16-23 and 31-34 as anticipated by Dobson and erred in
rejecting claims 12 and 24 as unpatentable over Dobson. We further conclude that
the Appellants failed to show that the Examiner erred in rejecting claims 35-38 as
anticipated by Dobson.
DECISION
The decision of the Examiner to reject claims 1, 3, 5-12, 16-24, and 31-34 is
sustained and the decision of the Examiner to reject claims 35-38 is not sustained.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv) (2006).
AFFIRMED-IN-PART
hh
CARLSON, GASKEY & OLDS, P.C.
400 WEST MAPLE ROAD
SUITE 350
BIRMINGHAM, MI 48009
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