Ex Parte Nightingale et al - Page 8


                Appeal 2007-2701                                                                              
                Application 10/079,811                                                                        
                independent claims 1, 15, and 16 as being unpatentable over Hollander in                      
                view of Platt.  Because we have reversed the Examiner’s rejection of each                     
                independent claim, we will not sustain the Examiner’s rejection of any                        
                dependent claims under appeal.  Therefore, we also reverse the Examiner’s                     
                rejection of dependent claims 2, 6-12, and 14 as being unpatentable over                      
                Hollander in view of Platt.  Likewise, we reverse the Examiner’s rejection of                 
                dependent claims 3-5 as being unpatentable over Hollander in view of Platt                    
                and Campbell, and we reverse the Examiner’s rejection of dependent claim                      
                13 as being unpatentable over Hollander in view of Platt and Harmon.                          

                                                 DECISION                                                     
                      In summary, we will not sustain the Examiner’s rejection of any                         
                claims under appeal.  Therefore, the decision of the Examiner rejecting                       
                claims 1-16 is reversed.                                                                      

                                                REVERSED                                                      






                KIS                                                                                           

                NIXON & VANDERHYE, P.C.                                                                       
                901 NORTH GLEBE ROAD, 11TH FLOOR                                                              
                ARLINGTON, VA 22203                                                                           

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