Appeal No. 2003-2145
Application No. 09/310,627
THE REJECTIONS
The Examiner entered the following rejections:3
Claims 43 to 52 as unpatentable under 35 U.S.C. § 103(a) over the combination
of Alexander, August and Kubo; and claims 53, 54, 56 and 59 to 62 as unpatentable
under 35 U.S.C. § 103(a) over the combination of Alexander, August, Kubo and
Hunninghaus. (Answer, pp. 3-6).
Appellant has indicated (Brief, page 9) that, for the purposes of this appeal,
“[t]he claims do not stand or fall together.” We will consider the claims separately only
to the extent that separate arguments are of record in this appeal. 37 CFR
§ 1.192 (c)(7)(2002).
Upon consideration of the present record, we will affirm the rejections of claims
43 to 54, 56 and 59 to 62 under 35 U.S.C. § 103(a).
OPINION
Claims 43-46, 53, 54, 56, 59-61
The Examiner rejected claims 43 to 46 as unpatentable under 35 U.S.C.
§ 103(a) as obvious over the combination of Alexander, August and Kubo.
We have carefully considered all of the arguments advanced by the Appellant
and the Examiner and agree with the Examiner for the reasons stated in the Answer that
3 The Examiner has withdrawn the rejection under 35 U.S.C. § 112, second paragraph.
(Answer, p. 2).
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