Ex Parte Rebhorn et al - Page 22



         Appeal No. 2004-1815                                                       
         Application No. 09/781,582                                Page 22          

         ‘289; to reject claims 38-40, 42 and 46 under 35 U.S.C. § 102(b)           
         as being anticipated by Ness ‘289; to reject claims 38, 44, 45             
         and 46 under 35 U.S.C. § 102(b) as being anticipated by Simmons            
         as further evidenced by Binter; to reject claim 15 under                   
         35 U.S.C. § 103(a) as being unpatentable over Ness ‘289 in view            
         of Newarski; to reject claim 14 under 35 U.S.C. § 103(a) as being          
         unpatentable over Ness ‘289 in view of Simmons; to reject claims           
         19-28, 32-34 and 49 under 35 U.S.C. § 103(a) as being                      
         unpatentable over Ness ‘289 in view of Ward and Smith; to reject           
         claim 29 under 35 U.S.C. § 103(a) as being unpatentable over Ness          
         ‘289 in view of Ward, Smith and Stegath; to reject claim 30 under          
         35 U.S.C. § 103(a) as being unpatentable over Ness ‘289 in view            
         of Ward, Smith and Simmons; to reject claim 31 under 35 U.S.C.             
         § 103(a) as being unpatentable over Ness ‘289 in view of Ward,             
         Smith and Newarski; and to reject claims 41 and 43 under                   
         35 U.S.C. § 103(a) as being unpatentable over Ness ‘289 in view            
         of Newarski is reversed.                                                   












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