Ex Parte Pinteric et al - Page 8




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


                    We have also reviewed the patents to Dague and Wu applied by                                                                                          
                    the examiner against certain of the dependent claims on appeal                                                                                        
                    under 35 U.S.C. § 103(a).  However, we find nothing in these                                                                                          
                    references that alters our view of the examiner's basic                                                                                               
                    combination of Furay and Baxter as stated above.  Thus, the                                                                                           
                    examiner's rejection of dependent claims 2, 21 and 29 through 33                                                                                      
                    as being unpatentable over Furay in view of Baxter and further in                                                                                     
                    view of Dague; claims 19, 20 and 28 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; and claim 34 as being unpatentable                                                                                         
                    over Furay in view of Baxter and Dague as applied above, and                                                                                          
                    further in view of Wu, are also not sustained.                                                                                                        

















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