Appeal No. 2004-1413
Application No. 09/475,941
independent claim 7 to be broader than independent claim 1 as discussed above.
Since appellants have elected to group all the claims together, we will similarly group
claims 8-11 as falling with independent claim 7.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-6 under 35 U.S.C.
§ 103 is reversed, and the decision of the examiner to reject claims 7-11 under
35 U.S.C. § 103 is affirmed.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
JERRY SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOSEPH L. DIXON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
MAHSHID D. SAADAT )
Administrative Patent Judge )
JLD:clm
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