Ex Parte BENSON et al - Page 5




          Appeal No. 2002-0617                                                         
          Application 08/942,743                                                       


          unpatentable over Rosen4 in view of Menezes.  Claim 5 stands                 
          rejected under 35 U.S.C. § 103 as being unpatentable over Rosen              
          and Menezes in view of Hellman.  Claims 6 through 8 stand                    
          rejected under 35 U.S.C. § 103 as being unpatentable over Rosen,             
          Menezes, and Hellman in view of Davis.  Claim 40 stands rejected             
          under 35 U.S.C. § 103 as being unpatentable over Rosen and                   
          Menezes in view of Linsker.  Claims 19 through 24, 26 through 36,            
          38 and 39 stand rejected under 35 U.S.C. § 103 for the same                  
          reasons given with respect to claims 3 through 8, 10 through 16,             
          40 through 43, 45 and 46.                                                    
               Rather than repeat the arguments of the Appellants or the               
          Examiner, we make reference to the brief and the answer for the              
          respective details thereof.                                                  
                                   OPINION                                             
               For claims 19 through 24, 26 through 32, 33 through 36, 38              
          and 39, the Examiner does not clearly state the grounds for these            
          rejections.   We agree with Appellant’s comments at the top of               
          page 9 of the brief.  We will not speculate as to how these                  




               4 Rosen refers to the Examiner’s affidavit signed by Nicole             
          David Rosen on June 11, 1999.                                                
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