Ex Parte Ruby et al - Page 11

               Appeal 2007-3322                                                                             
               Application 09/947,094                                                                       
               supra, is misplaced.  No proper rationale has been articulated to support the                
               conclusion of obviousness.  The rejection of claim 31 is therefore in error.                 
                                              CONCLUSION                                                    
                      The rejection of claims 1-4, 8, and 11-15 under 35 U.S.C. § 103 as                    
               unpatentable over Rand is affirmed.                                                          
                      The rejection of claim 31 under 35 U.S.C. § 103 as unpatentable over                  
               Rand is reversed.                                                                            
                      The rejection of claims 6, 9, 10, 18, 20-24, 26-28, and 30 under 35                   
               U.S.C. § 103 as unpatentable over Rand and Blalock is affirmed.                              
                      The rejection of claim 7 under 35 U.S.C. § 103 as unpatentable over                   
               Rand and Hochstein is affirmed.                                                              
                      The rejection of claim 29 under 35 U.S.C. § 103 as unpatentable over                  
               Rand, Blalock, and Hochstein is affirmed.                                                    
                      The rejection of claims 1-4, 7, 8, and 11-15 under 35 U.S.C. § 103 as                 
               unpatentable over Hochstein is affirmed.                                                     
                      The rejection of claim 31 under 35 U.S.C. § 103 as unpatentable over                  
               Hochstein is reversed.                                                                       
                      The rejection of claims 6, 9, 10, 18, 20-24, and 26-30 under 35 U.S.C.                
               § 103 as unpatentable over Hochstein and Blalock is affirmed.                                
                      No time period for taking any subsequent action in connection with                    
               this appeal may be extended under 37 CFR § 1.136(a).                                         

                                         AFFIRMED-IN-PART                                                   





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