Appeal No. 2002-0913
Application No. 09/107,643
(3) claims 7, 12 and 32, rejected under 35 U.S.C. § 103(a)
as being unpatentable over Foreman in view of Lindquist; and
(4) claims 7-40, rejected under 35 U.S.C. § 102(b) as being
anticipated by or, in the alternative, under 35 U.S.C. § 103(a)
as obvious over McConnell.
Reference is made to appellant’s main and reply briefs
(Paper Nos. 35 and 37) and to the examiner’s answer (Paper
No. 36) for the respective positions of appellant and the
examiner regarding the merits of these rejections. In addition,
appellant also relies on the declaration of inventor Rhonda Tracy
executed January 28, 1999 (Tracy I)1 and the declaration of
inventor Rhonda Tracy executed April 18, 2000 (Tracy II).2
Rejection (1)
The rejection of claims 11 and 12 under 35 U.S.C. § 101 is
not sustained.
1
1Tracy I was submitted as an attachment to Paper No. 7.
2
2Tracy II was filed as an attachment to Paper No. 19.
3
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