Ex Parte CLEMENTS - Page 3




          Appeal No. 2001-2225                                                        
          Application 09/265,647                                                      



                    Claims 5 and 27 stand rejected under 35 U.S.C. § 103 as           
          unpatentable over Lee in view of McAdams, and further in view of            
          Kugler.                                                                     
                    Claims 8-11 and 30-33 stand rejected under 35 U.S.C.              
          § 103 as unpatentable over Lee.                                             
                    For the full details of these rejections, reference is            
          made to the Final Rejection, Paper No. 5.                                   
                    For a response to these rejections by the appellant,              
          reference is made to the Appeal Brief, Paper No. 8.                         


                                       OPINION                                        
                    We have carefully reviewed the claims on appeal in                
          light of the arguments of the appellant and the examiner.  As a             
          result of this review we have determined that claims 1-3, and 6             
          lack novelty over the applied prior art, and that claims 7-11               
          are prima facie obvious in view thereof.  Appellant has not                 
          rebutted this prima facie obviousness with addition evidence.               
          Accordingly, the rejections of claim 1-3 and 6-11 are affirmed.             
          It is our further finding that claims 23-25 and 28 are not                  
          anticipated by the applied prior art.  We have also concluded               



                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007