Ex Parte PALINKAS - Page 8




              Appeal No. 2004-1395                                                                 Page 8                
              Application No. 09/407,053                                                                                 


              nothing therein which makes up for the deficiencies of Carlston and Magowan                                
              discussed above with respect to claim 15.  Independent claim 1, the only other                             
              independent claim on appeal, contains the same limitations as claim 15 not suggested                       
              by the combined teachings of Carlston and Magowan.  Accordingly, we cannot sustain                         
              the examiner's rejection of appealed claims 1, 3, 5 to 8, 10 to 14, 17, 18, 21 and 22                      
              under 35 U.S.C. § 103.                                                                                     
































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