Ex Parte Weaver et al - Page 9

                 Appeal 2007-2223                                                                                        
                 Application 09/975,168                                                                                  

                        Rejection of Claims 21-25                                                                        
                        With respect to the rejection of these claims, Appellants rely on the                            
                 same arguments previously raised for claim 1 and assert that Polczynski                                 
                 adds nothing to the combination of Sharma and Kartalopoulos that would                                  
                 have made the subject matter of claims 21-26 unpatentable (Br. 11-12;                                   
                 Reply Br. 5).  Therefore, in light of our findings above and the absence of                             
                 specificity in Appellants’ arguments, we find the Examiner’s position that                              
                 the teachings of Sharma, Kartalopoulos and Polczynski suggest the subject                               
                 matter of Claims 21-25 to be reasonable.  See In re Young, 927 F.2d 588,                                
                 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991).  See also 37 C.F.R.                                         
                 § 41.37(c)(1)(vii).                                                                                     

                                              CONCLUSION OF LAW                                                          
                        Because Appellants have failed to point out any error in the                                     
                 Examiner’s position, we are affirming the 35 U.S.C. § 103 rejections with                               
                 respect to claims 1-20 over Sharma and Kartalopoulos and with respect to                                
                 claims 21-26 over Sharma, Kartalopoulos, and Polczynski.                                                

                                                      DECISION                                                           
                        The decision of the Examiner rejecting claims 1-26 is affirmed.                                  









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