Ex Parte NOLTING et al - Page 12




                    Appeal No. 2002-1686                                                                                                                                  
                    Application No. 09/188,680                                                                                                                            


                    Examiner's rejection of claims 1-13, 15-17, 20-27 and 30-34 under                                                                                     
                    35 U.S.C. § 103 as being unpatentable over Brinkman in view of                                                                                        
                    Karras.                                                                                                                                               
                              Claims 18, 28 and 29 stand rejected under 35 U.S.C. § 103 as                                                                                
                    being unpatentable over Brinkman in view of Karras and further in                                                                                     
                    view of Malloy.  We note that claim 18 is dependent on claim 1                                                                                        
                    and thereby contains all of the limitations recited above.  Also,                                                                                     
                    we note that claim 28 is dependent on claim 27 and claim 29 is                                                                                        
                    dependent on claim 28 and thereby also includes all the                                                                                               
                    limitations as discussed in claim 27.  We further note that                                                                                           
                    Malloy does not teach or suggest these limitations.  Therefore,                                                                                       
                    we will not sustain the Examiner's rejection of claims 18, 28 and                                                                                     
                    29 under 35 U.S.C. § 103.                                                                                                                             















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