Ex Parte DAUGHERTY JR. - Page 9




                    Appeal No. 2002-2024                                                                                                                                  
                    Application No. 09/197,404                                                                                                                            


                    failings of the proposed combinations of Wallace '679, Daugherety                                                                                     
                    '819 and Narkon apply equally well to the combination of                                                                                              
                    Daugherty '082 and Narkon.  We also share appellant's views with                                                                                      
                    regard to this rejection as set forth on pages 13-14 of the                                                                                           
                    brief.  Accordingly, the examiner's rejection of claims 1, 3, 6                                                                                       
                    through 13, 17, 18 and 20 through 22 under 35 U.S.C. § 103(a) as                                                                                      
                    being unpatentable over Daugherty '082 in view of Narkon will                                                                                         
                    likewise not be sustained.                                                                                                                            


                    The only other rejection for our review is that of dependent                                                                                          
                    claims 14 and 15 under 35 U.S.C. § 103(a) as being unpatentable                                                                                       
                    over Daugherty '082, Narkon and McCloskey.  We have reviewed the                                                                                      
                    teachings of McCloskey, and find that even if combined as urged                                                                                       
                    by the examiner, there is nothing in the teachings of McCloskey                                                                                       
                    which makes up for or otherwise provides response for the                                                                                             
                    deficiencies in the basic combination of Wallace and Daugherty                                                                                        
                    '082 and Narkon, as noted above.  Thus, this rejection 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                                                                                           


                                                                                    99                                                                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007