Ex Parte GLOOR et al - Page 8




            Appeal No. 2003-1654                                                          Page 8              
            Application No. 09/439,310                                                                        


            patentable subject matter under 35 U.S.C. § 101 and, consequently, whether a rejection            
            of claims 1, 2 and 4 under 35 U.S.C. § 101 is appropriate.  If, after such consideration,         
            the examiner determines that claim 1 is directed to patentable subject matter and either          
            dependent claim 2 or dependent claim 4 is not directed to patentable subject matter, the          
            examiner should explain in the rejection why this is the case so as to resolve the                
            apparent inconsistency discussed above.                                                           
































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