Ex Parte Gross - Page 3




          Appeal No. 2004-0434                                                        
          Application No. 09/836,686                                                  


                                 Rejections At Issue                                  
               Claims 10-16 and 23-25 stand rejected under 35 U.S.C. § 103            
          as being obvious over the combination of Abecassis and Berstis.             
               Throughout our opinion, we make references to the                      
          Appellant's briefs, and to the Examiner's Answer for the                    
          respective details thereof.2                                                
                                       OPINION                                        
               With full consideration being given to the subject matter on           
          appeal, the Examiner's rejections and the arguments of the                  
          Appellant and the Examiner, for the reasons stated infra, we                
          affirm the Examiner's rejection of claims 10-16 and 23-24 under             
          35 U.S.C. § 103, and we reverse the Examiner's rejection of claim           
          25 under 35 U.S.C. § 103.                                                   
               Appellant has indicated that for purposes of this appeal,              
          the claims stand or fall together in three groupings:                       
                    Claims 10-16 as Group I;                                          
                    Claims 23-24 as Group II; and                                     
                    Claim 25 as Group III.                                            
          See page 10 of the brief.  Furthermore, Appellant argues each               
          group of claims separately and explains why the claims of each              


          2  Appellant filed an appeal brief on November 25, 2002.                    
          Appellant filed a reply brief on September 2, 2003.  The Examiner           
          mailed out an Examiner's Answer on July 16, 2003.                           

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