Ex Parte Pinteric et al - Page 3




                    Appeal No. 2004-0653                                                                                                                                  
                    Application No. 09/872,053                                                                                                                            


                    Claims 1, 13, 18 and 22 through 27 stand rejected under                                                                                               
                    35 U.S.C. § 103(a) as being unpatentable over Furay in view of                                                                                        
                    Baxter.                                                                                                                                               


                    Claims 2, 21 and 29 through 33 stand rejected under                                                                                                   
                    35 U.S.C. § 103(a) as being unpatentable over Furay in view of                                                                                        
                    Baxter as applied above, and further in view of Dague.1                                                                                               


                    Claims 19, 20 and 28 stand rejected under 35 U.S.C. § 103(a)                                                                                          
                    as being unpatentable over Furay in view of Baxter as applied                                                                                         
                    above, and further in view of Wu.                                                                                                                     


                    Claim 34 stand rejected under 35 U.S.C. § 103(a) as being                                                                                             
                    unpatentable over Furay in view of Baxter and Dague as applied to                                                                                     
                    claim 33 above, and further in view of Wu.                                                                                                            


                    Rather than attempt to reiterate the examiner's full                                                                                                  
                    commentary with regard to the above-noted rejections and the                                                                                          


                              1 We observe that since claims 22 through 27 mentioned in                                                                                   
                    the examiner's first rejection above are dependent from claim 2,                                                                                      
                    it would appear that they should also have been rejected based on                                                                                     
                    the combined teachings of Furay, Baxter and Dague, rather than                                                                                        
                    merely Furay in view of Baxter.                                                                                                                       
                                                                                    33                                                                                    





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