Ex Parte OUTSLAY et al - Page 3



          Appeal No. 2004-2043                                                        
          Application 09/312,919                                                      

                                 Rejections At Issue                                  
               Claims 1, 3-8, and 10-13 stand rejected under 35 U.S.C.                
          § 103 as being obvious over the combination of Karasawa and                 
          Bosley and Hitchcock.                                                       
               Throughout our opinion, we make references to the                      
          Appellants’ briefs, and to the Examiner’s Answer for the                    
          respective details thereof.1                                                

                                       OPINION                                        
               With full consideration being given to the subject matter on           
          appeal, the Examiner’s rejections and the arguments of the                  
          Appellants and the Examiner, for the reasons stated infra, we               
          reverse the Examiner’s rejection of claims 1, 3-8, and 10-13                
          under 35 U.S.C. § 103.                                                      
               Appellants have indicated that for purposes of this appeal             
          the claims stand or fall separately.  See page 3 of the brief.              
          However, Appellants have failed to meet the requirements of                 
          37 CFR § 1.192 (c)(7) (July 1, 2002) as amended at 62 Fed. Reg.             
          53169 (October 10, 1997), which was controlling at the time of              
          Appellants filing of the brief.  37 CFR § 1.192 (c)(7) states:              

          1 Appellants filed an appeal brief on February 21, 2003.                    
          Appellants filed a reply brief on June 23, 2003.  The Examiner              
          mailed out an Examiner’s Answer on April 23, 2003.                          
                                          3                                           



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007