Ex Parte THOMAS - Page 15



          Appeal No. 2002-0584                                                        
          Application 08/321,028                                                      

          teachings of Weisman and Takeuchi as applied above, would have              
          suggested this subject matter.                                              

               Hence, we shall sustain the standing 35 U.S.C. § 103(a)                
          rejection of claim 21 as being unpatentable over Weisman in view            
          of Takeuchi.                                                                
          XI. Claims 3, 4, 6, 9, 14, 18 through 20, 22 and 26 through 29              
               Finally, we shall sustain the standing 35 U.S.C. § 103(a)              
          rejection of dependent claims 3, 4, 6, 9, 14, 18 through 20, 22             
          and 26 through 29 as being unpatentable over Weisman in view of             
          Takeuchi since the appellant has not challenged such with any               
          reasonable specificity, thereby allowing these claims to stand or           
          fall with independent claims 1, 11 and 12 from which they                   
          variously depend (see In re Nielson, 816 F.2d 1567, 1572, 2                 
          USPQ2d 1525, 1528 (Fed. Cir. 1987)).                                        
                                       SUMMARY                                        
               The decision of the examiner to reject claims 1 through 29             
          is affirmed with respect to claims 1, 3 through 9, 11, 12 and 14            
          through 29, and reversed with respect to claims 2, 10 and 13.               





                                          15                                          



Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007