Appeal No. 2003-1632
Application 09/173,991
of obviousness as to claims 41 through 43, 47, 48, 59, 62, 63,
67, 71, 72, 74, 75, 77 and 78, the examiner relies upon Chaum in
view of McNair. Lastly, as to claims 54, 55, 68, 69, 79 and 80,
the examiner relies upon Chaum in view of Carrender.
Rather than repeat the positions of the appellants and
the examiner, reference is made to the Brief and Reply Brief for
appellants’ positions, and to the Answer for the examiner’s
positions.
OPINION
At the outset, we note that at pages 5 and 6 of the
principal Brief on appeal, appellants take no position with
respect to both rejections under 35 U.S.C. § 103 of their
respective dependent claims. On the other hand, appellants
indicate in the middle of page 6 that the Brief accordingly
addresses only the rejection under 35 U.S.C. § 102 of the
independent claims 40, 46, 56, 60, 70 and 73. This portion of
the Brief goes on to further indicate that the rejections of the
claims under 35 U.S.C. § 103 are considered to be moot in view of
the arguments presented as to the rejection of the claims under
35 U.S.C. § 102. Inasmuch as appellants treat each independent
claim on appeal in turn, we do so likewise in this opinion.
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