Ex Parte Ferguson - Page 6




          Appeal No. 2004-0177                                                        
          Application 09/792,574                                                      


          and 4 through 6, as being unpatentable over Reid in view of Levin           
          or Mitchell.                                                                
               As Mayo does not cure the above noted shortcomings of Reid             
          in view of either Levin or Mitchell relative to the subject                 
          matter recited in parent claim 1, we also shall not sustain the             
          standing 35 U.S.C. § 103(a) rejection of dependent claim 3 as               
          being unpatentable over Reid in view of Levin or Mitchell, and              
          Mayo.                                                                       

























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