Ex Parte DAUGHERTY JR. - Page 9




                    Appeal No. 2002-1822                                                                                                                                  
                    Application No. 09/197,164                                                                                                                            


                    19 under 35 U.S.C. § 103(a) as being unpatentable over Kanjo in                                                                                       
                    view of Narkon will likewise not be sustained.                                                                                                        


                    The next rejections for our review are those directed to                                                                                              
                    dependent claims 9 and 10 under 35 U.S.C. § 103(a) as being                                                                                           
                    unpatentable over Wallace, Narkon and Bogue, and alternatively                                                                                        
                    Daugherety '819, Narkon and Yamazumi.  We have reviewed the                                                                                           
                    teachings of both Bogue and Yamazumi, and find that we are in                                                                                         
                    agreement with appellant's assessment of these rejections as set                                                                                      
                    forth on pages 14-16 of the brief.  Moreover, even if combined as                                                                                     
                    urged by the examiner, there is nothing in the teachings of Bogue                                                                                     
                    and Yamazumi which makes up for or otherwise provides response                                                                                        
                    for the deficiencies in the basic combinations of Wallace and                                                                                         
                    Narkon, and Daugherety '819 and Narkon, as noted above.  Thus,                                                                                        
                    both of these rejections will also not be sustained.                                                                                                  


                    Since we are unable to sustain any of the rejections posited                                                                                          
                    by the examiner, it follows that the examiner's decision to                                                                                           
                    reject claims 1 through 31 of the present application under                                                                                           
                    35 U.S.C. § 103(a) is reversed.                                                                                                                       




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