Ex Parte Carl et al - Page 28




              Appeal No. 2004-0323                                                               Page 28                 
              Application No. 09/716,045                                                                                 


              Accordingly, the decision of the examiner to reject claim 9 under 35 U.S.C. § 103 as                       
              being unpatentable over Methfessel and Larsen in view of Lenhart is reversed.                              


                                                    CONCLUSION                                                           
                     To summarize, the decision of the examiner to reject claims 1 to 4 and 6 to 13                      
              under 35 U.S.C. § 112, first paragraph, is reversed; the decision of the examiner to                       
              reject claims 3 and 8 under 35 U.S.C. § 112, first paragraph, is affirmed; the decision of                 
              the examiner to reject claims 2, 4, 7, 10, 12 and 13 under 35 U.S.C. § 112, second                         
              paragraph, is affirmed with respect to claims 2, 7, 10 and 12 and reversed with respect                    
              to claims 4 and 13; the decision of the examiner to reject claims 1, 2 and 4 under                         
              35 U.S.C. § 103 as being unpatentable over Kitchen in view of Larsen is affirmed; the                      
              decision of the examiner to reject claim 3 under 35 U.S.C. § 103 as being unpatentable                     
              over Kitchen in view of Larsen and Methfessel is reversed; the decision of the examiner                    
              to reject claims 1 to 3, 6, 10, 11 and 13 under 35 U.S.C. § 103 as being unpatentable                      
              over Methfessel in view of Larsen is affirmed; the decision of the examiner to reject                      
              claims 1 and 7 under 35 U.S.C. § 103 as being unpatentable over Methfessel and                             
              Larsen in view of Louttit is reversed; and the decision of the examiner to reject claims 8,                
              9 and 12 under 35 U.S.C. § 103 as being unpatentable over Methfessel in view of                            
              Larsen and Lenhart is reversed.                                                                            









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