Ex Parte Rock - Page 9



              Appeal 2007-1687                                                                     
              Application 10/136,781                                                               

                                 THE REMAINING § 103 REJECTIONS                                    
                    In these remaining rejections, all of the Examiner’s proposed                  
              combinations of the applied references are fundamentally based upon the              
              above-discussed combination of Bisaka and Edwards as an attempt to                   
              achieve the continuous adjustability feature of independent claim 1 and the          
              non-discrete adjustability feature of independent claim 10.  For reasons             
              analogous to those previously explained, Bisaka and Edwards are                      
              evidentially inadequate to support an obviousness conclusion with respect to         
              these claim features.                                                                
                    Therefore, we also cannot sustain the § 103 rejection of claims 1-3, 5,        
              6, 8-11, 13, 14, 16, 29-31, 33, and 34 as being unpatentable over Vitale in          
              view of Bisaka and Edwards or the corresponding rejections of claims 7, 12,          
              and 15 as being unpatentable over these references and further in view of            
              Gelting, Okamoto, and Hanrahan respectively.                                         
                                          CONCLUSION                                               
                    The decision of the Examiner is reversed.                                      
                                           REVERSED                                                


              clj                                                                                  
              HARNESS, DICKEY & PIERCE, P.L.C.                                                     
              P.O. BOX 828                                                                         
              BLOOMFIELD HILLS, MI  48303                                                          


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