Appeal No. 2004-0749 Page 11
Application No. 09/891,746
Since all the limitations of claims 11, 19 and 27 are not disclosed in Barlett for
the reasons set forth above, the decision of the examiner to reject independent claims
11, 19 and 27, and claims 12, 15, 17, 20, 23 and 25 dependent thereon, under
35 U.S.C. § 102(b) is reversed.
The obviousness rejections
We have also reviewed the reference to Howard but find nothing therein which
makes up for the deficiencies of Barlett discussed above. Thus, the examiner has not
established that the claimed subject matter, as a whole, would have been obvious at
the time the invention was made to a person of ordinary skill in the art. Accordingly, the
decision of the examiner to reject claims 8, 13, 14, 16, 21, 22 and 24 under 35 U.S.C.
§ 103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 11, 12, 15, 17, 19,
20, 23, 25 and 27 under 35 U.S.C. § 102(b) is reversed and the decision of the
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