Ex Parte CUNNINGHAM - Page 10




          Appeal No. 2004-0312                                                        
          Application No. 09/277,534                                                  


               The above discussed deficiencies of Curtze and Lisec ‘555              
          would remain even if modified in the manner proposed by the                 
          examiner in his § 103 rejections.  It follows that we                       
          additionally cannot sustain the § 103 rejection of claims 1 and 5           
          as being unpatentable over Lisec ‘555 and Curtze.  Moreover,                
          because appealed independent claim 7 requires at least one vacuum           
          chuck having the same capability discussed above, we likewise               
          cannot sustain the § 103 rejection of claims 7-9 based on Lisec             
          ‘555 in view of Lisec ‘244 or the § 103 rejection of claims 7 and           
          8 based on Curtze in view of Lisec ‘244.                                    
               In summary: we have sustained the examiner’s § 102 rejection           
          of claim 14 as being anticipated Perobelli; however we have not             
          sustained any of the other rejections advanced by the examiner on           
          this appeal.                                                                
               The decision of the examiner is affirmed-in-part.                      












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