Ex Parte BACKSTROM et al - Page 3




              Appeal No. 2003-0041                                                                                        
              Application No. 09/087,528                                                                                  

              Keskitalo et al. (Keskitalo)               6,091,788            Jul.  18, 2000                              
                                                         (applicably filed May 23, 1996)                                  
                                                  Rejections at Issue                                                     
                     Claims 1-5, 8-10, 12-14, 16, 17, 19-21, 24-28, 31-33, 35-41 and 43-45 stand                          
              rejected under 35 U.S.C. § 103 as being unpatentable over Muszynski in view of                              
              Bazarjani.1                                                                                                 
                     Claims 7, 15, 23, 30 and 47 stand rejected under 35 U.S.C. § 103 as being                            
              unpatentable over Muszynski and Bazarjani in view of Ganesan.                                               
                     Claims 6, 22, 29 and 46 stand rejected under 35 U.S.C. § 103 as being                                
              unpatentable over Muszynski and Bazarjani in view of Keskitalo.                                             
                     Throughout the opinion, we make reference to the briefs2 and to the answer for                       
              the respective positions of Appellants and the Examiner.                                                    
                                                       OPINION                                                            
                     With full consideration being given to the subject matter on appeal, the                             
              Examiner’s rejections and the arguments of Appellants and the Examiner, for the                             
              reasons stated infra, we reverse the Examiner’s rejection of claims 1-47 under 35                           
              U.S.C. § 103.                                                                                               



                     1 Claims 11, 18, 34 and 42 have subsequently been allowed.  See page 9 of the Examiner’s             
              Answer.                                                                                                     
                     2 Appellants filed an appeal brief on February 26, 2002.  Appellants filed a reply brief on April 29,
              2002.  The Examiner mailed out an office communication on August 2, 2002 stating that the reply had         
              been entered and considered.                                                                                
                                                            3                                                             





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