Ex Parte RICHARDS, JR. et al - Page 3




          Appeal No. 2003-1973                                                        
          Application No. 09/192,952                                                  


          frequency operation” (page 3 of principal brief, second)                    
          paragraph).                                                                 
               Claims 1-19 and 21-23 stand rejected under 35 U.S.C. § 103             
          as being unpatentable over Dennen in view of Matsumoto.                     
               Appellants submit at page 3 of the principal brief that                
          “[c]laim [sic, claims] 1, 7 and 13 along with dependent Claims              
          2-6, 8-12 and 14-19 may be grouped together” and “dependent                 
          Claims 21-23 also may be grouped together and are separately                
          patentable.”  Accordingly, claims 7, 13, 2-6, 8-12 and 14-19                
          stand or fall together with claim 1, and claims 22 and 23 stand             
          or fall together with claim 21.                                             
               We have thoroughly reviewed each of appellants’ arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter would have been                
          prima facie obvious to one of ordinary skill in the art within              
          the meaning of § 103 in view of the applied prior art.                      
          Accordingly, we will sustain the examiner’s rejections for                  
          essentially the reasons set forth in the answer, and we add the             
          following primarily for emphasis.                                           






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