Ex Parte PEELE - Page 18




                 Appeal No. 2003-0469                                                                                 
                 Application No. 09/317,480                                                                           

                 consider claim 6 as being representative of the group of claims included in this                     
                 rejection.    Appellant has not provided arguments directed specifically to this                     
                 group of claims, rather appellant’s arguments are directed to the combination of                     
                 Yu and Benveniste, which form a part of the rejection of these claims.                               
                        As stated supra, we find that claim 6 includes limitations of similar scope                   
                 to claim 1. Since appellant has provided no additional arguments addressing this                     
                 rejection. We sustain the rejection of claims 3, 6 and 7 under 35 USC § 103 as                       
                 being unpatentable over Yu, Benveniste and Borst for the reasons stated supra                        
                 concerning the rejection of claims 1 and 2 under 35 USC § 103 as being                               
                 unpatentable over Yu and Benveniste.                                                                 
                        Finally, we consider the rejection of claims 4, 5, 8 and 9 under 35 USC                       
                 §103 as being unpatentable over Yu, Benveniste, Borst and Przelomiec.  As                            
                 stated supra we, consider claim 4 as being representative of the group of claims                     
                 included in this rejection.  Appellant has not provided arguments directed                           
                 specifically to this group of claims, rather appellant’s arguments are directed to                   
                 the combination of Yu and Benveniste which form a part of the rejection of these                     
                 claims.                                                                                              
                        As claim 4 is ultimately dependent upon claim 1, it necessarily includes the                  
                 same limitations considered supra with respect to claim 1.  As appellant has                         
                 provided no additional arguments concerning this rejection, we will sustain the                      




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