Ex Parte Schroen - Page 8




          Appeal No. 2004-0700                                                        
          Application No. 09/531,671                                                  

               It follows that we also hereby sustain the examiner’s                  
          section 103 rejection of claims 16, 22, 27-29, 34, 35, 37 and 38            
          as being unpatentable over Khandros in view of Sato.                        
               The other section 103 rejections advanced by the examiner              
          have not been separately contested by the appellant on this                 
          appeal.  See In re Dance, 160 F.3d 1339, 1340, n.2, 48 USPQ2d               
          1635, 1636, n.2 (Fed. Cir. 1998) and In re Nielson, 816 F.2d                
          1567, 1571, 2 USPQ2d 1525, 1528; compare In re McDaniel, 293 F.3d           
          1379, 1382-85, 63 USPQ2d 1462, 1464-66 (Fed. Cir. 2002).  Thus,             
          we likewise hereby sustain these section 103 rejections for                 
          reasons which correspond to those earlier stated.                           
               The decision of the examiner is affirmed.                              


















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