Ex Parte Peters - Page 8




              Appeal No. 2002-1598                                                                Page 8                
              Application No. 09/596,975                                                                                


                     It therefore is our conclusion that the evidence adduced by the examiner fails to                  
              establish a prima facie case of obviousness with regard to the subject matter recited in                  
              claim 21, and we will not sustain the rejection of claim 21 or, it follows, of claims 22-27,              
              31-36, 39 and 40, all of which are dependent from claim 21.                                               
                     Claims 37 and 38 stand rejected as being unpatentable over the evidence                            
              provided against claim 21, taken further with Official Notice that providing an airlink                   
              between two antennas is conventional.  Be that as it may, the second Official Notice                      
              does not alleviate the deficiency in the references applied against claim 21, from which                  
              claims 37 and 38 depend.  This being the case, we will not sustain this rejection.                        














                                                    CONCLUSION                                                          











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