Ex Parte FATH et al - Page 8




          Appeal No. 2000-2039                                                        
          Application 09/176,608                                                      


               In light of the foregoing, the appellants’ position on                 
          appeal as it applies to representative claim 1 is not persuasive.           
          Therefore, we shall sustain the standing 35 U.S.C. § 103(a)                 
          rejection of claim 1 as being unpatentable over Gorton and the              
          standing 35 U.S.C. § 103(a) rejection of claim 1 as being                   
          unpatentable over the admitted prior art in view of Gorton.                 
               Since claims 5 through 7 and 11 through 15 stand or fall               
          with claim 1, we also shall sustain the standing 35 U.S.C.                  
          § 103(a) rejection of claims 5 through 7, 11, 12 and 15 as being            
          unpatentable over Gorton, the standing 35 U.S.C. § 103(a)                   
          rejection of claims 13 and 14 as being unpatentable over Gorton             
          in view of Focke and Manservigi, the standing 35 U.S.C. § 103(a)            
          rejection of claims 5 through 7, 11, 12 and 15 as being                     
          unpatentable over the admitted prior art in view of Gorton, and             
          the standing 35 U.S.C. § 103(a) rejection of claims 13 and 14 as            
          being unpatentable over the admitted prior art in view of Gorton,           
          Focke and Manservigi.                                                       
               The decision of the examiner is affirmed.                              








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