Ex Parte Montague - Page 9




              Appeal No. 2004-1339                                                                  Page 9                
              Application No. 09/488,079                                                                                  


              The obviousness rejection                                                                                   
                     We will not sustain the rejection of dependent claims 3, 4, 13, 14, 20, 21 and 23                    
              under 35 U.S.C. § 103 as being unpatentable over Dlugos since the examiner has not                          
              presented any evidence as to why the subject matter of independent claims 1, 11, 18,                        
              24, 27 and 28 would have been obvious at the time the invention was made to a person                        
              of ordinary skill in the art.                                                                               
































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