Appeal No. 2003-2069
Application 09/414,867
Colonnello additional cables with the junction box are to be
provided in Lagergren” [id.]. We note, however, that claim 35
does not recite any additional cables or a junction box.
Appellants also argue the non-obviousness of the partially
cylindrical housings, but this limitation is not present in claim
35. Thus, appellants make arguments which are not relevant to
the invention as recited in claim 35. Claim 35 appears to be
fairly commensurate with claim 23 discussed above. We find that
the examiner has established a prima facie case of the
obviousness of claim 35 for the same reasons discussed above with
respect to claim 23. Since appellants arguments with respect to
claim 35 do not persuade us of error in the rejection, we sustain
the examiner’s rejection of claim 35.
In summary, we have sustained the examiner’s rejection of
claims 23-27 and 35, but we have not sustained the rejection of
claims 1-22 and 28-34. Therefore, the decision of the examiner
rejecting claims 1-35 is affirmed-in-part.
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