Ex parte MCPHERSON et al. - Page 11




          Appeal No. 1999-0503                                                        
          Application 08/744,207                                                      


          Although appellants’ additional arguments in the                            
          briefs with respect to Hanson and Deki are not convincing, the              
          examiner’s failure to properly interpret the recitation in                  
          clause (g) of claim 1 results in the failure to establish a                 
          prima facie case of obviousness.  We note that a similar                    
          recitation appears in independent claim 16.  Therefore, we do               
          not sustain the rejection of claims 1, 4, 6, 9 and 16 as set                
          forth by the examiner.  Since separately argued claim 20                    
          depends from claim 1, we also do not sustain the rejection of               
          claim 20.                                                                   
          We now consider the rejection of claims 10-13 and 15.                       
          Independent claim 10 has a similar recitation to the                        
          recitation of claim 1 considered above.  Therefore, the                     
          examiner’s rejection of these claims suffers the same problems              
          discussed above.  Accordingly, we do not sustain the                        
          examiner’s rejection of claims 10-13 and 15.                                









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