Ex Parte COURTNEY et al - Page 10



                    Appeal No. 2001-2543                                                                                                                                  
                    Application No. 09/225,892                                                                                                                            

                    incapacitated."  Neither Finnern nor Eylander teach or suggest                                                                                        
                    these aspects of appellants' claimed subject matter.                                                                                                  
                    Accordingly, we will not sustain the examiner's rejection of                                                                                          
                    dependent claims 2 through 6 and 22 through 24 under 35 U.S.C.                                                                                        
                    § 103(a).                                                                                                                                             

                    To summarize our decision, we note that 1) the examiner's                                                                                             
                    rejection of claims 1 through 7 and 21 through 25 under 35 U.S.C.                                                                                     
                    § 112, second paragraph, has not been sustained, 2) the                                                                                               
                    examiner's rejection of claims 1 and 21 under § 103(a) as being                                                                                       
                    obvious over Finnern has not been sustained, and 3) the                                                                                               
                    examiner's rejection of claims 2 through 6 and 22 through 24                                                                                          
                    under 35 U.S.C. § 103(a) based on Finnern and Eylander has not                                                                                        
                    been sustained.                                                                                                                                       










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